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

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

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. Findings and policy.

13102. Definitions.

13103. EPA activities.

13104. Grants to States for State technical assistance programs.

13105. Source Reduction Clearinghouse.

13106. Source reduction and recycling data collection.

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 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

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 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 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 Page 7502

1So in original. Probably should not be capitalized.

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

3So in original. The period probably should be a semicolon. 1So in original. Probably should be ‘‘businesses’’.

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

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
Page 7503 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 13106

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

2So in original. Probably should be ‘‘paragraphs’’.

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 paragraph2 (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

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 Page 7504

1See References in Text note below.

2So in original. Probably should be followed by a period. 1So 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 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 reduction2

(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 access 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. Definitions.

13212. Minimum Federal fleet requirement.

13213. Refueling.

13214. Federal agency promotion, education, and coordination.

13215. Agency incentives program.

13216. Recognition and incentive awards program.