Page 7500 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 13051 to 13055

section, no additional staff shall be hired with

out 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, rec

reational or rehabilitative programs, and deten

tion, 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 finger

prints obtained by a law enforcement officer and on other identifying information; (B) conducted through the Identification Di

vision of the Federal Bureau of Investigation and through the State criminal history reposi

tories of all States that an employee or pro

spective 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 sub

section (a)(1) of this section may hire a staff per

son provisionally prior to the completion of a background check if, at all times prior to re

ceipt 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 back

ground check has been completed. (c) Applicable criminal histories Any conviction for a sex crime, an offense in

volving 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 sus

pend an employee from having any contact with children while on the job until the case is re

solved. Conviction of a crime other than a sex crime may be considered if it bears on an indi

vidual’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 Fed

eral Government, or for a facility or program operated by (or through contract with) the Fed

eral 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 descrip

tion 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 his

tory record check shall first obtain the signa

ture of the employee or prospective employee indicating that the employee or prospective em

ployee has been notified of the employer’s obli

gation to require a record check as a condition of employment and the employee’s right to ob

tain a copy of the criminal history report made available to the employing Federal agency and the right to challenge the accuracy and com

pleteness 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 sec

tion 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.)

A MENDMENTS 1991—Subsec. (a)(1). Pub. L. 102–190, §1094(a)(1), sub

stituted ‘‘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 JUVE

NILE 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 of

fenders 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 require

ments. 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 experi

ence 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 ‘‘juve

nile’’ for purposes of this subchapter.

E FFECTIVE D ATE OF R EPEAL Section 2(i)(2) of Pub. L. 102–586 provided that the re

peal by that section is effective Sept. 30, 1993.

CHAPTER 133—POLLUTION PREVENTION

Sec. 13101. Findings and policy. 13102. Definitions. 13103. EPA activities. 13104. Grants to States for State technical assist

ance programs. 13105. Source Reduction Clearinghouse. 13106. Source reduction and recycling data collec

tion. 13107. EPA report.Page 7501 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13103

Sec. 13108. Savings provisions. 13109. 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 con

trolling this pollution. (2) There are significant opportunities for in

dustry to reduce or prevent pollution at the source through cost-effective changes in pro

duction, operation, and raw materials use. Such changes offer industry substantial sav

ings in reduced raw material, pollution con

trol, 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 regula

tions, and the industrial resources they re

quire for compliance, focus upon treatment and disposal, rather than source reduction; ex

isting regulations do not emphasize multimedia management of pollution; and busi

nesses need information and technical assist

ance to overcome institutional barriers to the adoption of source reduction practices. (4) Source reduction is fundamentally dif

ferent and more desirable than waste manage

ment and pollution control. The Environ

mental Protection Agency needs to address the historical lack of attention to source re

duction. (5) As a first step in preventing pollution through source reduction, the Environmental Protection Agency must establish a source re

duction program which collects and dissemi

nates information, provides financial assist

ance to States, and implements the other ac

tivities provided for in this chapter. (b) Policy The Congress hereby declares it to be the na

tional policy of the United States that pollution should be prevented or reduced at the source whenever feasible; pollution that cannot be pre

vented should be recycled in an environmentally safe manner, whenever feasible; pollution that cannot be prevented or recycled should be treat

ed 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 environ

mentally safe manner. (Pub. L. 101–508, title VI, §6602, Nov. 5, 1990, 104 Stat. 1388–321.)

R EFERENCES IN T EXT 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.

S HORT T ITLE 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 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 Ad

ministrator of the Environmental Protection Agency. (2) The term ‘‘Agency’’ means the Environ

mental 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 mean

ing 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 enter

ing 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 re

lease of such substances, pollutants, or con

taminants. The term includes equipment or technology modifications, process or procedure modifica

tions, reformulation or redesign of products, substitution of raw materials, and improve

ments in housekeeping, maintenance, train

ing, or inventory control. (B) The term ‘‘source reduction’’ does not in

clude 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 provid

ing of a service. (6) The term ‘‘multi-media’’ means water, air, and land. (7) The term ‘‘SIC codes’’ refers to the 2- digit 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 Agen

cy an office to carry out the functions of the Ad

ministrator 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 re

duction. The office shall be under the direction of such officer of the Agency as the Adminis

trator shall designate. (b) Functions The Administrator shall develop and imple

ment a strategy to promote source reduction. As part of the strategy, the Administrator shall— (1) establish standard methods of measure

ment of source reduction; (2) ensure that the Agency considers the ef

fect of its existing and proposed programs onPage 7502 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13104

1 So in original. Probably should not be capitalized.

2 So in original. Subsec. (b) enacted without a par. (7).

3 So in original. The period probably should be a semicolon. 1 So in original. Probably should be ‘‘businesses’’. source reduction efforts and shall review regu

lations 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 ap

propriate offices to promote source reduction practices in other Federal agencies, and ge

neric research and development on techniques and processes which have broad applicability; (4) develop improved methods of coordi

nating, streamlining and assuring public ac

cess to data collected under Federal environ

mental statutes; (5) facilitate the adoption of source reduc

tion techniques by businesses. This strategy shall include the use of the Source Reduction Clearinghouse and State matching grants pro

vided in this chapter to foster the exchange of information regarding source reduction tech

niques, the dissemination of such information to businesses, and the provision of technical assistance to businesses. The strategy shall also consider the capabilities of various busi

nesses to make use of source reduction tech

niques; (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 accom

plished, required resources, organizational re

sponsibilities, and the means by which progress in meeting the goals will be meas

ured; (8) 2 establish an advisory panel of technical experts comprised of representatives from in

dustry, the States, and public interest groups, to advise the Administrator on ways to im

prove collection and dissemination of data; (9) establish a training program on source reduction opportunities, including workshops and guidance documents, for State and Fed

eral permit issuance, enforcement, and inspec

tion officials working within all agency pro

gram offices. 3 (10) identify and make recommendations to Congress to eliminate barriers to source re

duction 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 oper

ate outstanding or innovative source reduc

tion programs. (Pub. L. 101–508, title VI, §6604, Nov. 5, 1990, 104 Stat. 1388–322.)
§ 13104. Grants to States for State technical as

sistance programs (a) General authority The Administrator shall make matching grants to States for programs to promote the use of source reduction techniques by busi

nesses. (b) Criteria When evaluating the requests for grants under this section, the Administrator shall consider, among other things, whether the proposed State program would accomplish the following: (1) Make specific technical assistance avail

able to businesses seeking information about source reduction opportunities, including funding for experts to provide onsite technical advice to business 1 seeking assistance and to assist in the development of source reduction plans. (2) Target assistance to businesses for whom lack of information is an impediment to source reduction. (3) Provide training in source reduction techniques. Such training may be provided through local engineering schools or any other appropriate means. (c) Matching funds Federal funds used in any State program under this section shall provide no more than 50 per centum of the funds made available to a State in each year of that State’s participation in the program. (d) Effectiveness The Administrator shall establish appropriate means for measuring the effectiveness of the State grants made under this section in promot

ing the use of source reduction techniques by businesses. (e) Information States receiving grants under this section shall make information generated under the grants available to the Administrator. (Pub. L. 101–508, title VI, §6605, Nov. 5, 1990, 104 Stat. 1388–323.)
§ 13105. Source Reduction Clearinghouse (a) Authority
The Administrator shall establish a Source Reduction Clearinghouse to compile informa

tion including a computer data base which con

tains information on management, technical, and operational approaches to source reduction. The Administrator shall use the clearinghouse to— (1) serve as a center for source reduction technology transfer; (2) mount active outreach and education programs by the States to further the adop

tion of source reduction technologies; and (3) collect and compile information reported by States receiving grants under section 13104 of this title on the operation and success of State source reduction programs. (b) Public availability
The Administrator shall make available to the public such information on source reduction as is gathered pursuant to this chapter and such other pertinent information and analysis re

garding source reduction as may be available toPage 7503 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13106

1 So in original. Probably should be ‘‘preceding’’.

2 So in original. Probably should be ‘‘paragraphs’’. the Administrator. The data base shall permit entry and retrieval of information to any per

son. (Pub. L. 101–508, title VI, §6606, Nov. 5, 1990, 104 Stat. 1388–324.)
§ 13106. Source reduction and recycling data col

lection (a) Reporting requirements Each owner or operator of a facility required to file an annual toxic chemical release form under section 11023 of this title for any toxic chemical shall include with each such annual filing a toxic chemical source reduction and re

cycling report for the preceeding 1 calendar year. The toxic chemical source reduction and recy

cling report shall cover each toxic chemical re

quired to be reported in the annual toxic chemi

cal release form filed by the owner or operator under section 11023(c) of this title. This section shall take effect with the annual report filed under section 11023 of this title for the first full calendar year beginning after November 5, 1990. (b) Items included in report The toxic chemical source reduction and recy

cling report required under subsection (a) of this section shall set forth each of the following on a facility-by-facility basis for each toxic chemi

cal: (1) The quantity of the chemical entering any waste stream (or otherwise released into the environment) prior to recycling, treat

ment, or disposal during the calendar year for which the report is filed and the percentage change from the previous year. The quantity reported shall not include any amount re

ported under paragraph (7). When actual meas

urements of the quantity of a toxic chemical entering the waste streams are not readily available, reasonable estimates should be made based on best engineering judgment. (2) The amount of the chemical from the fa

cility which is recycled (at the facility or else

where) during such calendar year, the percent

age change from the previous year, and the process of recycling used. (3) The source reduction practices used with respect to that chemical during such year at the facility. Such practices shall be reported in accordance with the following categories unless the Administrator finds other cat

egories to be more appropriate. (A) Equipment, technology, process, or procedure modifications. (B) Reformulation or redesign of products. (C) Substitution of raw materials. (D) Improvement in management, train

ing, inventory control, materials handling, or other general operational phases of indus

trial facilities. (4) The amount expected to be reported under paragraph 2 (1) and (2) for the two cal

endar years immediately following the cal

endar year for which the report is filed. Such amount shall be expressed as a percentage change from the amount reported in para

graphs (1) and (2). (5) A ratio of production in the reporting year to production in the previous year. The ratio should be calculated to most closely re

flect all activities involving the toxic chemi

cal. In specific industrial classifications sub

ject to this section, where a feedstock or some variable other than production is the primary influence on waste characteristics or volumes, the report may provide an index based on that primary variable for each toxic chemical. The Administrator is encouraged to develop pro

duction indexes to accommodate individual in

dustries for use on a voluntary basis. (6) The techniques which were used to iden

tify source reduction opportunities. Tech

niques listed should include, but are not lim

ited to, employee recommendations, external and internal audits, participative team man

agement, and material balance audits. Each type of source reduction listed under para

graph (3) should be associated with the tech

niques or multiples of techniques used to iden

tify the source reduction technique. (7) The amount of any toxic chemical re

leased into the environment which resulted from a catastrophic event, remedial action, or other one-time event, and is not associated with production processes during the reporting year. (8) The amount of the chemical from the fa

cility which is treated (at the facility or else

where) during such calendar year and the per

centage change from the previous year. For the first year of reporting under this sub

section, comparison with the previous year is required only to the extent such information is available. (c) SARA provisions The provisions of sections 11042, 11045(c), and 11046 of this title shall apply to the reporting re

quirements of this section in the same manner as to the reports required under section 11023 of this title. The Administrator may modify the form required for purposes of reporting informa

tion under section 11023 of this title to the ex

tent he deems necessary to include the addi

tional information required under this section. (d) Additional optional information Any person filing a report under this section for any year may include with the report addi

tional information regarding source reduction, recycling, and other pollution control tech

niques in earlier years. (e) Availability of data Subject to section 11042 of this title, the Ad

ministrator shall make data collected under this section publicly available in the same manner as the data collected under section 11023 of this title. (Pub. L. 101–508, title VI, §6607, Nov. 5, 1990, 104 Stat. 1388–324.)

R EFERENCES IN T EXT 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 thePage 7504 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13107

1 See References in Text note below.

2 So in original. Probably should be followed by a period. 1 So in original. Probably should not be capitalized. 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 No

vember 5, 1990, and biennially thereafter, con

taining a detailed description of the actions taken to implement the strategy to promote source reduction developed under section 13103(b) 1 of this title and of the results of such actions. The report shall include an assessment of the effectiveness of the clearinghouse and grant program established under this chapter in promoting the goals of the strategy, and shall evaluate data gaps and data duplication with re

spect to data collected under Federal environ

mental statutes. (b) Subsequent reports Each biennial report submitted under sub

section (a) 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-in

dustry basis for not less than five SIC codes or other categories as the Administrator deems appropriate. The analysis shall begin with those SIC codes or other categories of facili

ties which generate the largest quantities of toxic chemical waste. The analysis shall in

clude an evaluation of trends in source reduc

tion by industry, firm size, production, or other useful means. Each such subsequent re

port shall cover five SIC codes or other cat

egories which were not covered in a prior re

port until all SIC codes or other categories have been covered. (2) An analysis of the usefulness and validity of the data collected under section 13106 of this title for measuring trends in source re

duction and the adoption of source reduction by business. (3) Identification of regulatory and non

regulatory barriers to source reduction, and of opportunities for using existing regulatory programs, and incentives and disincentives to promote and assist source reduction. (4) Identification of industries and pollut

ants that require priority assistance in multimedia source reduction 2 (5) Recommendations as to incentives need

ed to encourage investment and research and development in source reduction. (6) Identification of opportunities and devel

opment of priorities for research and develop

ment in source reduction methods and tech

niques. (7) An evaluation of the cost and technical feasibility, by industry and processes, of source reduction opportunities and current ac

tivities 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 coordi

nating, streamlining, and improving public ac

cess to data collected under Federal environ

mental statutes. (9) An evaluation of data gaps and data du

plication 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.)

R EFERENCES IN T EXT 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 devel

opment 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 re

sponsibilities 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.)

R EFERENCES IN T EXT Title III of the Superfund Amendments and Reau

thorization 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 gener

ally to chapter 116 (§11001 et seq.) of this title. For com

plete 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. Definitions. 13212. Minimum Federal fleet requirement. 13213. Refueling. 13214. Federal agency promotion, education, and co

ordination. 13215. Agency incentives program. 13216. Recognition and incentive awards program.