A bill to reduce hazardous pollution.
Hazardous Pollution Prevention Planning Act of 1991 - Declares it to be the national policy to achieve a 50 percent reduction in toxic chemical byproduct levels (from 1991 levels) by 1996.
Requires owners or operators of facilities required to submit toxic chemical release forms under the Superfund Amendments and Reauthorization Act of 1986 to prepare Hazardous Pollution Prevention Plans. Requires a Plan to include for each chemical for which forms are required: (1) a statement of the scope and objective of the Plan; (2) an evaluation of the amount of the chemical manufactured, processed, or used for the facility and for each production unit and the quantity of byproduct for each unit; (3) an analysis of the economic impacts of the use of each chemical in the production unit; (4) two- and five-year numerical goals for reductions in the use of the chemical and byproducts of the chemical; (5) an economic and technical evaluation of all methods for achieving reductions; (6) identification of technologies, procedures, and training programs to achieve reduction goals; (7) an evaluation and quantification of the effects of the chosen hazardous pollution prevention methods on emissions to air, water, or land; (8) a schedule of implementation of each technology, procedure, and training program; and (9) a compliance certification by the chief executive officer that the Plan is being implemented and complies with this Act. Sets forth additional Plan requirements for large quantity generators. Provides for Plan updates. Authorizes the Administrator of the Environmental Protection Agency to grant a facility an extension of up to 12 months to comply with Plan requirements.
Permits owners or operators to waive implementation of a Plan measure if the measure: (1) is not technically feasible; or (2) would result in adverse effects on product quality or threaten public health or the environment.
Requires owners or operators to make the Plan and other relevant documents available to the Administrator or a State for inspection.
Sets forth facility reporting requirements. Requires facilities to file reports with each annual filing of the toxic chemical release form. Makes reports available to the public.
Directs the Administrator or a State to issue notices of noncompliance to facilities with deficient reports or Plans. Requires such facilities to submit revised reports or Plans.
Authorizes States to submit hazardous pollution prevention programs to the Administrator for approval. Sets forth minimum program requirements.
Requires the Administrator to make matching grants to States to provide assistance for hazardous pollution prevention planning. Limits the Federal share of grants to 50 percent of the funds made available to a State.
Directs the Administrator to establish toxic chemical reduction research programs at the Hazardous Substance Research Centers operated pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980.
Requires the Administrator to establish a demonstration program to provide regulatory incentives for achieving reductions in the use of toxic chemicals and byproducts. Authorizes the Administrator to designate up to 50 facilities for inclusion in the program. Permits the Administrator to modify, for a facility included in the program, the requirements of any permit or agreement. Sets forth requirements concerning modifications. Limits modifications to periods of up to 12 months. Permits renewals of modifications, as appropriate.
Requires the Administrator to identify up to five user segments which need improvements in reducing the amount of byproduct, when compared to the national goal, and in reducing the use of toxic chemicals. Designates such segments as "priority user segments." Defines a "user segment" as a class of facilities that may be distinguished by at least one of the following: (1) use of a toxic chemical or class of chemicals in its industrial processes; (2) similar industrial processes; or (3) members of a generally recognized group (Standard Industrial Classification). Directs the Administrator to designate an additional five user segments every 12 months. Requires the Administrator to publish guidance for obtaining reductions in use of toxic chemicals and byproducts at facilities within priority user segments.
Directs each large quantity toxic user within a priority user segment to conduct a hazardous pollution prevention audit. Requires compliance audits at facilities which may present a threat to human health or welfare or the environment. Directs such facilities to implement recommendations contained in the audit.
Requires the Administrator to conduct programs to train individuals to conduct hazardous pollution prevention and compliance audits and to certify individuals and organizations as proficient in environmental auditing. Directs the Administrator to: (1) publish a general manual of methods and protocols of environmental auditing; and (2) promulgate regulations governing the testing and certification of auditors. Limits certifications to a period of five years. Permits the Administrator to collect fees for training and certification programs.
Requires the Administrator to provide for random tests of the accuracy of data and analyses conducted by organizations certified to conduct audits. Establishes an Environmental Audit Oversight Board to advise the Administrator in the implementation of audits and the certification of auditors.
Sets forth provisions concerning the confidentiality of information required to be disclosed under this Act. Prescribes civil penalties for disclosure of protected information. Sets forth requirements for persons seeking protection of information.
Prescribes civil penalties for specified violations of this Act.
Authorizes the denial of permits to owners or operators who fail to: (1) prepare or submit a Plan, report, or updates; (2) submit information required for audits or to implement audit recommendations.
Authorizes appropriations.
Introduced in Senate
Read twice and referred to the Committee on Environment and Public Works.
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