[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [S. 980 Introduced in Senate (IS)] 103d CONGRESS 1st Session S. 980 To reduce hazardous pollution, and for other purposes. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES May 18 (legislative day, April 19), 1993 Mr. Lieberman (for himself, Mr. Moynihan, Mr. Jeffords, Mr. Lautenberg, Mr. Feingold, Mr. Metzenbaum, and Mr. Wellstone) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works _______________________________________________________________________ A BILL To reduce hazardous pollution, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Hazardous Pollution Prevention Planning Act of 1993''. SEC. 2. FINDINGS. Congress finds and declares that-- (1) the Environmental Protection Agency estimates that billions of pounds of toxic chemicals are released into the environment each year; (2) the release of the toxic chemicals into the environment can cause harm to public health, welfare, and the environment; (3) traditional approaches to environmental regulation that have emphasized controlling pollution after the pollution has been created are not sufficient to address all of the environmental problems of the United States; (4) pollution prevention approaches are more effective than traditional pollution control and provide far-reaching benefits to human health and the environment; (5) pollution prevention often prevents the solution to one environmental problem from reemerging as another type of environmental problem; (6) pollution prevention must become the centerpiece of a long-term strategy for the United States achieving environmental protection; (7) proven and cost-effective technologies and management practices in existence on the date of enactment of this Act can achieve pollution prevention; (8) pollution prevention can result in tremendous cost benefit for industries, and lead to greater international competitiveness by-- (A) avoiding costs of control, cleanup, and liability; and (B) causing increases in industrial efficiency and productivity through savings in purchases of chemicals, energy, water, and other input materials; (9) one of the reasons many facilities are missing the opportunities available for pollution prevention is that operators of facilities are unaware of the sources of pollution; (10) an important step in achieving pollution prevention is the development of plans with numerical goals for pollution prevention; (11) pollution prevention planning helps businesses to make appropriate planning decisions and experience the benefits of pollution prevention; (12) pollution prevention planning gives businesses the flexibility to develop new, and environmentally sound technologies that will enhance the competitiveness of the businesses; (13) there is a need to provide technical assistance and training related to pollution prevention to smaller- and medium-sized businesses, including developing manuals and checklists to be used in lieu of preparing plans; and (14) there is a need to conduct research to develop new industrial technologies and practices that will reduce the social, economic, and institutional barriers to preventing hazardous pollution. SEC. 3. DEFINITIONS. As used in this Act: (1) Administrator.--The term ``Administrator'' means the Administrator of the Environmental Protection Agency. (2) Agency.--The term ``Agency'' means the Environmental Protection Agency. (3) By-product.--The term ``by-product'' means any toxic chemical other than a product that results from manufacturing, extraction, servicing, processing (including pollution control), handling, or other activity, including any fugitive emission, process residue, or other nonproduct outputs created prior to recycling, treatment, disposal, or release. (4) Facility.--The term ``facility'' means all buildings, equipment, structures, and other stationary items that are located on a single site or contiguous or adjacent sites and that are owned or operated by the same person (or by a person that controls, is controlled by, or under common control with, the owner or operator). (5) In-process recycling.--The term ``in-process recycling'' means a process whereby materials are-- (A) returned to the original process or processes from which they were generated; and (B) reused in the production process and through completion of reclamation, are enclosed by being entirely connected with pipes or other comparable enclosed means of conveyance. (6) Pollution prevention.--The term ``pollution prevention'' means-- (A) toxic use reduction; (B) source reduction; or (C) in-process recycling. (7) Production process.--The term ``production process'' means a production line, method, activity, or technique, or combination or series thereof, that is integral to, and necessary for, the production of a product or products, including the storage of raw materials and maintenance and handling of finished goods. The term shall not include waste management activities or out-of-process recycling. (8) Source reduction.--The term ``source reduction'' shall have the same meaning given the term in section 6603(5) of the Pollution Prevention Act of 1990 (42 U.S.C. 13102(5)). (9) Targeted production process.--The term ``targeted production process'' means any production process that significantly contributes to the use, generation as a by- product, or release of toxic chemicals, as determined by the owner or operator of a facility pursuant to criteria established by the Administrator. (10) Toxic chemical.--The term ``toxic chemical'' means a chemical described in section 313(c) of the Emergency Planning and Community Right to Know Act of 1986 (42 U.S.C. 11023(c)). (11) Toxic use reduction.--The term ``toxic use reduction'' means any source reduction method that reduces or eliminates the use of any toxic chemical in processes or products so as to reduce overall risks to the public, workers, consumers, and the environment without shifting risks between workers, consumers, or parts of the environment. SEC. 4. POLLUTION PREVENTION PLANS. (a) In General.--The owner or operator of each facility for which a toxic chemical release form is required to be submitted pursuant to section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023) as of the date of enactment of this Act, and each Federal facility, shall periodically prepare pollution prevention plans, pollution prevention plan summaries, and pollution prevention plan progress reports that meet the requirements of this section. (b) Schedule.-- (1) Pollution prevention plan.-- (A) In general.--Subject to subparagraph (B), the owner or operator of each facility described in subsection (a) shall prepare a pollution prevention plan as described in subsection (d) not later than the end of the third full calendar year after the date of enactment of this Act. (B) Phase-in option.--The Administrator may establish and publish a schedule for requiring the preparation and submission of plans described in subsection (d). The schedule shall phase in the date on which the preparation and submission of the plans is required, beginning not later than the end of the fifth full calendar year after the date of enactment of this Act. (2) Summary.--The owner or operator of each facility that is subject to this section shall prepare a pollution prevention plan summary, as described in subsection (e), in accordance with the schedule for the preparation of a pollution prevention plan, as described in paragraph (1). (3) Progress report.-- (A) In general.--The owner or operator of each facility subject to this section shall, not later than the date specified in subparagraph (B), and annually thereafter, prepare a pollution prevention plan progress report, as described in subsection (f), in accordance with the schedule for the submission of toxic release forms under section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023). (B) Initial report.--An initial pollution prevention plan progress report shall be prepared for the first full calendar year beginning after a pollution prevention plan has been prepared pursuant to paragraph (1). (c) Additional Categories.-- (1) Facilities.--The Administrator may require that the owner or operator of a facility that is in a Standard Industrial Classification code added by the Administrator after the date of enactment of this Act pursuant to section 313(a)(1)(B) of the Emergency Planning and Community Right-To- Know Act of 1986 (42 U.S.C. 11023(a)(1)(B)) shall prepare a pollution prevention plan, plan summary, and progress report, according to a schedule established by the Administrator. (2) Chemicals.-- (A) In general.--The Administrator may require the expansion of a pollution prevention plan to include chemicals added to the list under section 313(d) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023(d)) after the date of enactment of this paragraph. The Administrator may only require that the owner or operator expand a pollution prevention plan pursuant to this paragraph if the expansion is a revision of the pollution prevention plan of the owner or operator for the purposes of updating the plan. (B) Basis for decision to add categories.--A decision by the Administrator to add industrial categories or subcategories to the list of categories subject to the reporting requirements of this section shall be based on-- (i) the extent to which the category contributes to the total amount of toxic chemicals used, generated, or released; and (ii) the extent to which a pollution prevention plan could result in-- (I) a reduction in the use, generation of by-product, or release of toxic chemicals; and (II) a reduction in any threat posed to the environment or public health. (d) Contents of Pollution Prevention Plan.--Each pollution prevention plan prepared under this section shall include-- (1) a statement by the highest ranking official at the facility supporting the pollution prevention plan; (2) pollution prevention goals for the 5-year period beginning on the date of the preparation of the plan, including, if appropriate-- (A) toxic use reduction goals; (B) source reduction goals; and (C) in-process recycling goals for the facility as a whole and for each targeted production process; (3) an evaluation of options for achieving reductions in the annual accumulation and output quantities of each toxic chemical, including reductions in the use of toxic chemicals, generation of by-products, release, or transfer as a product, for the facility and for each targeted production process, including-- (A) a search for pollution prevention options, including the substitution of raw materials, the reformulation or redesign of products, production unit modifications, improvements in operation and maintenance, and in-process recycling (except that the options shall not include waste management activities); (B) an economic analysis of selected technically feasible options, including, with respect to each option, a description of the cost of implementing the option and anticipated savings from the option for the purposes of comparison with refraining from carrying out the option; and (C) any technical assistance study required by the Administrator pursuant to section 5; (4) a description and implementation schedule for the pollution prevention measures and activities selected by the owner or operator of the facility; (5) for each plan prepared after the preparation of an initial plan under this section, a report concerning the success in achieving past goals; and (6) if appropriate, a description of any pollution prevention strategies implemented prior to 1987. (e) Contents of Plan Summary.--Each pollution prevention plan summary prepared pursuant to this section shall include, for the facility as a whole, and for each targeted production unit-- (1) a description of the facility, and an identification of each targeted production process; (2) the 5-year numeric goals for pollution prevention for the facility and each targeted production process; (3) a description of the techniques and measures that will be implemented to reach each goal referred to in paragraph (2); and (4) a copy of the plan certification. (f) Contents of Progress Report.--Each pollution prevention progress report prepared pursuant to this section shall include-- (1) a description of the facility and an identification of each targeted production process; (2) a numerical statement demonstrating the progress of the facility towards achieving each 5-year goal for pollution prevention under the pollution prevention plan of the facility; and (3) if, for the year of the report, the facility does not achieve the level of progress anticipated in the schedule for implementation of the applicable pollution prevention plan, an explanation of the reasons that the level of progress was not achieved. (g) Guidelines.-- (1) Publication.--Not later than 18 months after the date of enactment of this section, and after notice and opportunity for public comment, the Administrator shall publish guidelines for the preparation of pollution prevention plans, pollution prevention plan summaries, and pollution prevention plan progress reports prepared pursuant to this section. (2) Criteria for identification of targeted production processes.-- (A) In general.--Not later than 18 months after the date of enactment of this section, the Administrator shall establish, by regulation, criteria pursuant to which an owner or operator of a facility shall identify targeted production processes for the purpose of focusing pollution prevention strategies on the targeted production processes. (B) Considerations.--The criteria for the identification of targeted production processes shall-- (i) be based on a consideration of the toxicity of specific chemicals used, generated as a by-product, or released in the targeted production process; and (ii) require that a targeted production process be a production process that makes a significant contribution to the use, generation, or release of chemicals. (h) Availability of Plans, Summaries, and Reports.-- (1) In general.--Each pollution prevention plan prepared for a facility pursuant to this section shall be retained at the facility and shall be available to the Administrator, the State in which the facility is located, and any department or agency of a political subdivision of a State with respect to which the State grants the authority to inspect the plans. (2) Not public records.--Any document and other record obtained or reviewed pursuant to paragraph (1) shall not be considered a public record or document. (3) Summaries.--Each pollution prevention plan prepared pursuant to this section for a facility shall be-- (A) submitted to the Administrator and to the State in which the facility is located at the same time as a toxic release form required to be submitted under section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023) is submitted for the year for which the summary is required; and (B) made available to the public at the facility during normal business hours, except as provided in section 8. (4) Progress reports.--Each pollution prevention plan progress report prepared pursuant to this section for a facility shall be-- (A) submitted to the Administrator and to the State at the same time as a toxic release form required under section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023) is submitted; and (B) made available to the public at the facility during normal business hours, except as provided in section 8. (i) Completeness Review.-- (1) In general.--The Administrator or a representative of a State authorized by the Administrator may review a pollution prevention plan or pollution prevention plan summary prepared pursuant to this section and require a modification of the pollution prevention plan or pollution prevention plan summary if the Administrator or the appropriate official of the State finds that the plan or summary does not address each of the applicable requirements of subsection (d) or (e). (2) Modification.--A modification required under this subsection shall be completed by the owner or operator of a facility not later than 90 days after the Administrator or the appropriate official of the State provides written notice that the modification is necessary. (j) Product Formulas.--Nothing in this section shall be construed to authorize the Administrator or an official of a State to require that information concerning nontoxic chemicals, or product formulas for mixtures that include nontoxic chemicals, be included in a pollution prevention plan, summary, or progress report prepared pursuant to this section. (k) Grouping of Processes.--The Administrator may publish rules establishing criteria pursuant to which the Administrator may permit an owner or operator of a facility to consider, as a single production process, production processes that use similar ingredients to produce 1 or more similar products. (l) Small Business Option.-- (1) Small business defined.--As used in this subsection, the term ``small business'' means a business that is a small business concern, as defined in section 3(a) of the Small Business Act (15 U.S.C. 632(a)). (2) Small business pollution prevention compliance and technical assistance program.-- (A) Establishment.--The Administrator shall establish a small business pollution prevention compliance and technical assistance program to assist facilities with identifying and applying methods of pollution prevention. (B) Emphasis of program.--The program referred to in subparagraph (A) shall emphasize compliance assistance, technical assistance, and other assistance to small businesses that have inadequate technical and financial resources for obtaining information and assessing pollution prevention opportunities. (3) Program requirements.--The requirements described in this paragraph include the following: (A) Assessment manuals and checklists.-- (i) In general.--The program shall provide for establishment by regulation of pollution prevention opportunities assessment manuals and checklists for industrial categories for which waste audit studies have been prepared by the Department of Environmental Protection of the State of California. Each manual and checklist referred to in the preceding sentence shall require that the owner or operator-- (I) evaluate production processes, material, storage, and treatment practices; (II) evaluate pollution prevention opportunities, including toxic use reduction, source reduction, and in- process recycling; and (III) provide an economic impact analysis of options for achieving reductions. (ii) Manual and checklist in lieu of plan and summary.--The Administrator may permit a small business subject to the requirements of section 4 within an industrial category for which a pollution prevention opportunity assessment manual and checklist has been promulgated to prepare and retain onsite a manual and checklist in lieu of preparing a pollution prevention plan and summary. (B) Matching grants.-- (i) In general.--Subject to the availability of appropriations, the Administrator shall award grants from funds made available to the Administrator pursuant to section 6605 of the Pollution Prevention Act of 1990 (42 U.S.C. 13104) to States to conduct programs to promote the use of pollution prevention techniques by small businesses. (ii) Matching requirement.--The Administrator may not make a grant to a State under this subparagraph unless that State agrees that, with respect to the costs to be incurred by the State in carrying out the program for which the grant was awarded, the State will make available (directly or through donations from public or private entities) non- Federal contributions in an amount equal to not less than $1 for every $1 of Federal funds provided under the grant. (C) Small business pollution prevention panel.--The Administrator shall establish a Small Business Pollution Prevention Panel (referred to in this subparagraph as a ``Panel'') within each Regional Office of the Environmental Protection Agency. Each Panel shall monitor the effectiveness of the small business pollution prevention compliance and technical assistance program. (m) Training.--The Administrator or a representative of an authorized State may require each person responsible for the preparation of a pollution prevention plan under this section to attend seminars and workshops concerning the proper preparation of toxic release inventories, pollution prevention plans, and available pollution prevention measures or to receive another form of training that includes the items listed in this sentence. (n) Research and Development Laboratories.--The owner or operator of a facility shall not be required to prepare a pollution prevention plan, pollution prevention plan summary, or pollution prevention progress report under this section, concerning a research and development laboratory located at the facility. (o) Pilot Facilities.--The owner or operator of a facility shall not be required to prepare a pollution prevention plan, pollution prevention plan summary, or pollution prevention plan progress report under this section, for a pilot facility. SEC. 5. REPORTS AND IMPROVEMENT MEASURES. (a) Pollution Prevention Reports.-- (1) In general.--The Administrator shall submit a report that meets the requirements of this subsection to the President and to Congress not later than the date specified in paragraph (3), and not less frequently than every 3 years thereafter. (2) Contents.--The report referred to in paragraph (1) shall include-- (A) a description of the pollution prevention plans that have been prepared pursuant to section 4; (B) a detailed analysis that describes the progress achieved toward any pollution prevention goals established by the Administrator pursuant to section 6604(b)(6) of the Pollution Prevention Act of 1990 (42 U.S.C. 13103(b)(6)); and (C) the steps that must be taken to ensure that the goals referred to in subparagraph (B) are achieved, including an identification of the industrial categories or subcategories that-- (i) should be the highest priority for pollution prevention measures; and (ii) need improvement with respect to pollution prevention. (3) Initial report.--The initial report submitted to Congress pursuant to this subsection shall be submitted not later than 4 years after the date of enactment of this Act. (b) Technical Assistance.-- (1) In general.--The Administrator may, on request from a facility, provide technical assistance with respect to pollution prevention planning to any facility in an industrial category or subcategory identified by the Administrator pursuant to subsection (a)(2)(C)(i) as having the highest priority for pollution prevention. (2) Evaluation.--In providing technical assistance pursuant to this subsection, the Administrator may require an owner or operator of a facility required to prepare a pollution prevention plan pursuant to section 4 to evaluate alternatives to a pollution prevention measure referred to in the plan, including-- (A) the use of out-of-process recycling in any case in which no pollution prevention measures are available; (B) the use of methods and techniques that may achieve a greater degree of pollution prevention at the facility; and (C) the use of a particular pollution prevention measure at the facility or targeted production process. (3) Schedule; publication.--An evaluation required by the Administrator under this subsection shall be conducted according to a schedule established by the Administrator. The results of the evaluation shall be included in the next pollution prevention plan prepared for the facility after the date of the evaluation. (4) Reimbursement.--The Administrator may seek full, or in the case of a small business, partial, reimbursement from an owner or operator for any technical assistance provided to a facility. The reimbursement shall be in an amount determined by the Administrator and shall be made to the Administrator for deposit in the Treasury of the United States. (c) Congressional Intent.--Nothing in this section is intended to be interpreted, construed, or applied to authorize the Administrator to require a particular pollution prevention measure to be implemented, or any pollution prevention performance standard to be achieved, at a facility or unit. SEC. 6. STATE DELEGATION. (a) State Program.--A State may submit to the Administrator for review and approval a program to exercise the authorities under sections 4 and 5. A State program under this section shall be approved by the Administrator if the State demonstrates that the program-- (1) requires plan summaries and progress reports addressing each element referred to in subsections (d) through (f) of section 4 to be submitted according to the schedule established under section 4(b); and (2) includes authority for-- (A) conducting completeness reviews; and (B) taking enforcement actions. (b) Effect of Approval.--On approval of a State program by the Administrator, each owner or operator of a facility in the State shall be exempt from the requirements of section 4 relating to the submittal to the Administrator of plans and plan summaries during the period that the State program is in effect and the State enforces the program in a manner satisfactory to the Administrator. SEC. 7. RESEARCH, DEVELOPMENT, AND DEMONSTRATION. (a) In General.--The Administrator shall carry out a comprehensive program of research, development, and demonstration concerning pollution prevention in coordination and consultation with other Federal agencies involved in pollution prevention. (b) Elements of Program.--The comprehensive program referred to in subsection (a) may include-- (1) a product research program designed to-- (A) develop, evaluate, and demonstrate methods for measuring the pollution burden attributable to the use and disposal of a product; (B) identify and evaluate environmentally safe substitutes for products and the harmful components of products; (C) promote and facilitate the design, development, production, and use of environmentally preferable product alternatives by members of the private sector; and (D) evaluate, develop, and demonstrate methods for assessing the effectiveness of pollution prevention efforts related to product use and disposal; (2) a process research program designed to-- (A) evaluate, develop, and demonstrate methods to assess the pollution burden attributable to production, use, maintenance and repair, and disposal processes; (B) evaluate and demonstrate alternative, environmentally preferable processes; (C) promote and facilitate the use and development of pollution prevention and waste minimization process technology by members of the private sector; and (D) evaluate, develop, and demonstrate methods to assess pollution reduction resulting from process changes; (3) a recycling and reuse research program designed to-- (A) identify, evaluate, and demonstrate environmentally safe product and pollutant recovery, reuse, and recycling methods; (B) promote and facilitate the development and implementation of more effective reuse and recycling technologies; and (C) identify innovative uses of and markets for recycled products and pollutants; (4) a socioeconomic and institutional research program designed to-- (A) identify barriers in existence at the time of the program and potential barriers to and incentives for the development and implementation of pollution prevention, reuse, and recycling activities; and (B) develop viable means to reduce barriers and increase incentives in order to stimulate the development and implementation of waste minimization and pollution prevention technology; and (5) an anticipatory research program designed to-- (A) identify emerging environmental problems; (B) evaluate, develop, and demonstrate methods to prevent or minimize waste from nascent pollution sources; (C) facilitate the development of improved pollution prevention technologies designed to avoid anticipated pollution problems; and (D) develop and implement methods to assess the effectiveness of pollution prevention research in meeting changing environmental needs. (c) State Cooperation.--The research program established under this section shall be conducted by the Administrator in close cooperation with the States. In carrying out the program, the Administrator shall award such grants and make such contracts with institutions of higher education (as defined in section 1201(a) of the Higher Education Act of 1965 (20 U.S.C. 1141(a)) as are necessary to ensure that the institutions of higher education play a principal role in carrying out the program. SEC. 8. CONFIDENTIALITY. (a) Trade Secrets; Enforcement.--The requirements of sections 322 and 325(d) of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11042 and 11045(d), respectively) shall apply to the plan summaries and progress reports required under this Act in the same manner as the requirements apply to the reports under section 313 of such Act (42 U.S.C. 11023). (b) Availability of Summary Form of Disclosure.-- If the public disclosure of any numeric goals for pollution prevention or measures or techniques for implementing the goals would divulge information qualifying as a trade secret, the Administrator shall make available the information in summary form. SEC. 9. ENFORCEMENT. (a) Civil Penalties.-- (1) Failure to submit progress report.--Any person who fails to prepare and submit a pollution prevention plan progress report or pollution prevention plan summary, as required under section 4, shall be subject to a civil penalty in an amount not to exceed $10,000. Each day of violation shall constitute a separate offense. (2) Failure to submit a pollution prevention plan or opportunities checklist.--Any person who fails to prepare a pollution prevention plan or a pollution prevention opportunities checklist as required under section 4 shall be subject to a civil penalty in an amount not to exceed $10,000. Each day of violation shall constitute a separate offense. (b) Jurisdiction.-- (1) Administrative orders.--The Administrator may issue an administrative order assessing a penalty or requiring compliance with the terms of this Act. (2) Civil actions.--The Administrator may bring an action in the United States district court of the district in which the person against whom the penalty is sought resides, or in which the principal place of business of the person is located, to-- (A) assess and collect a penalty; and (B) secure a permanent or temporary injunction to require compliance with this Act or of an administrative order issued pursuant to this Act. (c) Procedures for Administrative Penalties.-- (1) Review.-- (A) In general.--A person against whom a civil penalty is assessed by administrative order under this section may obtain review in the appropriate United States district court by-- (i) filing a notice of appeal in the court not later than 30 days after the date of the order; and (ii) simultaneously sending a copy of the notice of appeal by certified mail to the Administrator. (B) Record.--The Administrator shall promptly file in the court a certified copy of the record upon which the violation was found or the penalty was imposed. (2) Collection of penalty; scope of review.-- (A) Collection of penalty.--If a person fails to pay an assessment of a civil penalty after the assessment has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the United States, the Administrator may request the Attorney General to institute a civil action in an appropriate United States district court to collect the penalty. (B) Scope of review.--The court shall have jurisdiction to review the violation and the assessment of the civil penalty on the record. (3) Subpoenas.--The Administrator may issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers, books, or documents in connection with a hearing under this section. In case of contumacy or refusal to obey a subpoena issued pursuant to this paragraph and served upon any person, the district court of the United States for any district in which the person is found, resides, or transacts business, on application by the United States and after notice to the person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the district court, and any failure to obey the order of the court shall be held in contempt of court. SEC. 10. RELATION TO OTHER LAWS. (a) State Authority.--Nothing in this Act is intended to preclude or deny the right of any State or political subdivision of a State to adopt or enforce any law (including a regulation, requirement, or standard) that is more stringent than a provision under this subtitle or a regulation, requirement, or standard of performance promulgated pursuant to this subtitle, or to impose any additional liability. (b) Denial of Permits.--The Administrator or an authorized State may deny a permit under any environmental law to the owner or operator of any facility who is required to prepare a pollution prevention plan or pollution prevention opportunities checklist pursuant to section 4, if the owner or operator fails to prepare, pursuant to an applicable requirement under section 4-- (1) a pollution prevention plan or opportunities checklist; or (2) a pollution prevention plan summary or progress report. SEC. 11. REGULATORY INCENTIVES. (a) Demonstration Programs.--Not later than 12 months after the date of enactment of this Act, the Administrator shall establish a demonstration program to provide regulatory incentives for achieving pollution prevention. The Administrator may designate up to 50 facilities for inclusion in the demonstration program. (b) Authority to Modify Terms of Permits or Agreements.-- (1) In general.--The Administrator, as part of the demonstration program, is authorized to modify the requirements imposed by the terms of all or part of any permit or agreement. Any modification granted under this subsection shall specify the requirements being modified and the length of time the modification is to be in effect. (2) Notice; opportunity for public comment.--Not later than 60 days before the approval of any modification under this subsection, the Administrator shall-- (A) publish a notice of the proposed modification including an explanation and appropriate documentation supporting the modification; and (B) provide a reasonable opportunity for submission of written and oral comments and an opportunity for a public meeting at or near the facility regarding the proposed modification. (3) Criteria for approval.--The Administrator may approve a modification if the Administrator determines that-- (A) the facility applying for the modification is in compliance with the terms of existing environmental laws, regulations, permits, orders, or other requirements applicable to the facility and has a history of compliance that the Administrator and the State determine is satisfactory; (B) greater net protection of human health and the environment than that required under environmental laws existing on the date of approval of the modification will result, with a special consideration to ensuring that the risks are not shifted from one environmental medium to another; (C) a significant increase in pollution prevention will result, as compared to the reductions that would have resulted, under environmental laws existing on the date of approval of the modification; and (D) the modification provided for in this section will contribute to achieving greater pollution prevention. (4) Contents of approval.--An approval by the Administrator shall be accompanied by a response to each of the significant oral and written comments submitted in response to the notice provided under paragraph (2). (5) Monitoring.--As part of any modification granted under this section, the Administrator shall require that the owner or operator of the facility granted the modification shall undertake monitoring operations adequate to determine compliance with the modified terms of any permit or agreement. The monitoring shall be carried out at such time as the Administrator shall provide. The owner or operator shall report the results of the monitoring operations in such form and at such times as the Administrator shall require. (6) Duration; renewal.--The duration of any modification shall not exceed 1 year. Upon expiration of any modification granted pursuant to this section, the Administrator may renew the modified permit or agreement for a period not to exceed the original modification, if the Administrator determines that the requirements of paragraph (3) continue to be met. (7) Report.--Not later than 24 months after the date of enactment of this Act, the Administrator shall submit a report to the Committee on Environment and Public Works of the Senate and the Committee on Energy and Commerce of the House of Representatives concerning the implementation of this section. The Administrator shall include recommendations on whether or not the scope of the regulatory incentives program should be expanded. SEC. 12. AUTHORIZATION OF APPROPRIATIONS. (a) In General.--To carry out sections 1, 2, 3, 4, 5, 6, 8, 9, 10, and 11, there are authorized to be appropriated to the Environmental Protection Agency such sums as are necessary. (b) Research and Development.--To carry out section 7, there is authorized to be appropriated $5,000,000 per year for each of fiscal years 1994 through 1998. <all> S 980 IS----2 S 980 IS----3 S 980 IS----4