
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC13106]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                    CHAPTER 133--POLLUTION PREVENTION
 
Sec. 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.
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(b) Items included in report

    The toxic chemical source reduction and recycling report required 
under subsection (a) of this section shall set forth each of the 
following on a facility-by-facility basis for each toxic chemical:
        (1) The quantity of the chemical entering any waste stream (or 
    otherwise released into the environment) prior to recycling, 
    treatment, or disposal during the calendar year for which the report 
    is filed and the percentage change from the previous year. The 
    quantity reported shall not include any amount reported under 
    paragraph (7). When actual measurements of the quantity of a toxic 
    chemical entering the waste streams are not readily available, 
    reasonable estimates should be made based on best engineering 
    judgment.
        (2) The amount of the chemical from the facility which is 
    recycled (at the facility or elsewhere) during such calendar year, 
    the percentage change from the previous year, and the process of 
    recycling used.
        (3) The source reduction practices used with respect to that 
    chemical during such year at the facility. Such practices shall be 
    reported in accordance with the following categories unless the 
    Administrator finds other categories to be more appropriate.
            (A) Equipment, technology, process, or procedure 
        modifications.
            (B) Reformulation or redesign of products.
            (C) Substitution of raw materials.
            (D) Improvement in management, training, inventory control, 
        materials handling, or other general operational phases of 
        industrial facilities.

        (4) The amount expected to be reported under paragraph \2\ (1) 
    and (2) for the two calendar years immediately following the 
    calendar year for which the report is filed. Such amount shall be 
    expressed as a percentage change from the amount reported in 
    paragraphs (1) and (2).
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        (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, Sec. 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 Code, see Short Title of 1986 Amendment note set out under 
section 9601 of this title and Tables.

                  Section Referred to in Other Sections

    This section is referred to in section 13107 of this title.
