2005 -- H 5331

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LC01070

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2005

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A N A C T

RELATING TO HEALTH AND SAFETY -- AIR POLLUTION

     Introduced By: Representatives Naughton, Ginaitt, E Coderre, McNamara, and Crowley

     Date Introduced: February 03, 2005

     Referred To: House Finance

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 23 of the General Laws entitled "Health and Safety" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 23.1.1

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RHODE ISLAND POLLUTION PREVENTION ACT OF 2005

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     23-23.1.1-1. Short title. -- This chapter shall be known and may be cited as the “Rhode

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Island Pollution Prevention Act of 2005.”

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     23-23.1.1-2. Legislative findings. -- The general assembly recognizes and declares that:

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     (a) The United States of America annually produces millions of tons of pollution and

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spends tens of billions of dollars per year controlling this pollution; and

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     (b) There are significant opportunities for industry to reduce or prevent pollution at the

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source through cost-effective changes in production, operation, and raw materials use. Such

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changes offer industry substantial savings in reduced raw material, pollution control, and liability

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costs as well as help protect the environment and reduce risks to worker health and safety; and

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     (c) The opportunities for source reduction are often not realized because existing

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regulations, and the industrial resources they require for compliance, focus upon treatment and

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disposal, rather than source reduction; existing regulations do not emphasize multimedia

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management of pollution; and businesses need information and technical assistance to overcome

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institutional barriers to the adoption of source reduction practices; and

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     (d) Source reduction is fundamentally different and more desirable than waste

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management and pollution control, and the historical lack of attention to source reduction needs

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to be addressed; and

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     (e) As a first step in preventing pollution through source reduction, the state must

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establish and maintain a source reduction program that collects and disseminates information,

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provides assistance to small businesses, and implements the other activities provided for in this

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chapter.

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     23-23.1.1-3. Declaration of policy. -- The general assembly hereby declares it to be the

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policy of the state that pollution should be prevented or reduced at the source whenever feasible;

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pollution that cannot be prevented should be recycled in an environmentally safe manner,

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whenever feasible; pollution that cannot be prevented or recycled should be treated in an

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environmentally safe manner, whenever feasible; and disposal or other release into the

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environment should be employed only as a last resort and should be conducted in an

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environmentally safe manner.

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     23-23.1.1-4. Definitions. -- For the purposes of this chapter:

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     (a) The term “center” means the Small Business Technical and Environmental Assistance

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Center.

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      (b) The term “toxic chemical” means any substance on the list described in section

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313(c) of the Superfund Amendments and Reauthorization Act of 1986, et seq., or regulated by

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the department of environmental management as a toxic material, hazardous substance, pollutant,

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or hazardous waste, for example, metal-laden wastewater, high BOD wastes and air pollutants.

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     (c) The term “release” has the same meaning as provided by section 329(8) of the

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Superfund Amendments and Reauthorization Act of 1986.

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     (d) The term “source reduction” means any practice that:

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     (1) reduces the amount of any hazardous substance, pollutant, or contaminant entering

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any waste stream or otherwise released into the environment (including fugitive emissions) prior

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to recycling, treatment, or disposal; and (2) reduces the hazards to public health and the

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environment associated with the release of such substances, pollutants, or contaminants.

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     (A) The term includes equipment or technology modifications, process or procedure

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modifications, reformulation or redesign of products, substitution of raw materials, and

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improvements in housekeeping, maintenance, training, or inventory control.

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     (B) The term “source reduction” does not include any practice which alters the physical,

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chemical, or biological characteristics or the volume of a hazardous substance, pollutant, or

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contaminant through a process or activity which itself is not integral to and necessary for the

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production of a product or the providing of a service.

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     (f) The term “multimedia” means water, air, and land.

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     (g) The term “SIC codes” refers to the 2-digit code numbers used for classification of

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economic activity in the Standard Industrial Classification Manual or other categories as the

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center deems appropriate.

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     23-23.1.1-5. Resource Recovery Corporation – Establishment of center. -- (a) The

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University of Rhode Island shall establish a center to carry out the functions under this chapter.

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The center shall have the authority to review and advise the General Assembly on their activities

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to promote a multimedia approach to source reduction.

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     (b) The center shall develop and implement a strategy to promote source reduction. As

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part of the strategy, the center shall:

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     (1) establish standard methods of measurement of source reduction;

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     (2) ensure that the center considers the effect of existing and proposed programs on

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source reduction efforts and shall review regulations of agencies prior and subsequent to their

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proposal to determine their effect on source reduction;

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     (3) coordinate source reduction activities and coordinate with appropriate small

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businesses and local, state, and federal agencies to promote source reduction practices, and

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generic research and development on techniques and processes which have broad applicability;

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     (4) develop improved methods of coordinating, streamlining and assuring public access

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to data collected under state and federal environmental laws;

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     (5) facilitate the adoption of source reduction techniques by businesses. This strategy

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shall include the use of the Source Reduction Clearinghouse provided in this chapter to foster the

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exchange of information regarding source reduction techniques, the dissemination of such

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information to businesses, and the provision of technical assistance to businesses. The strategy

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shall also consider the capabilities of various businesses to make use of source reduction

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techniques;

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     (6) identify, where appropriate, measurable goals which reflect the policy of this chapter,

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the tasks necessary to achieve the goals, dates at which the principal tasks are to be accomplished,

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required resources, organizational responsibilities, and the means by which progress in meeting

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the goals will be measured;

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     (7) establish an advisory panel of technical experts comprised of representatives from

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industry, the state, and public interest groups, to advise the center on ways to improve collection

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and dissemination of data;

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     (8) establish a training program on source reduction opportunities, including workshops

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and guidance documents, for state and federal permit issuance, enforcement, and inspection

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officials working within all agency program offices;

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     (9) identify and make recommendations to the general assembly to eliminate barriers to

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source reduction including the use of incentives and disincentives;

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     (10) identify opportunities to use federal procurement to encourage source reduction;

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     (11) develop, test and disseminate model source reduction auditing procedures designed

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to highlight source reduction opportunities; and

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     (12) establish an annual award program to recognize a company or companies which

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operate outstanding or innovative source reduction programs.

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     23-23.1.1-6. Technical assistance programs – Authority and criteria. -- (a) The center

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shall make state programs to promote the use of source reduction techniques by businesses.

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     (b) When evaluating the requests for technical and environmental assistance under this

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section, the center shall consider, among other things, whether the program would accomplish the

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following:

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     (1) Make specific technical assistance available to businesses seeking information about

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source reduction opportunities, including providing experts to provide on-site technical advice to

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businesses seeking assistance and to assist in the development of source reduction plans.

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     (2) Target assistance to businesses for whom lack of information is an impediment to

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source reduction.

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     (3) Provide training in source reduction techniques. Such training may be provided

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through local engineering schools or any other appropriate means.

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     (c) Federal funds may be used in any state program under this section.

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     (d) The center shall establish appropriate means for measuring the effectiveness of the

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state programs made under this section in promoting the use of source reduction techniques by

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businesses.

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     (e) The center shall make information generated under the grants available without

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disclosing the identity of the small business.

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      23-23.1.1-7. Source Reduction Clearinghouse. -- (a) The center shall establish a

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Source Reduction Clearinghouse to compile information including a computer database which

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contains information on management, technical, and operational approaches to source reduction.

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The center shall use the clearinghouse to:

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      (1) serve as a center for source reduction technology transfer;

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      (2) mount active outreach and education programs to further the adoption of source

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reduction technologies; and

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      (3) collect and compile information reported and evaluate the center’s operation and

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success of state source reduction programs.

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      23-23.1.1-8. Public records. -- The center shall make available to the public such

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information on source reduction as is gathered pursuant to this chapter and such other pertinent

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information and analysis regarding source reduction as may be available to the center. The

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database shall permit entry and retrieval of information to any person.

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      23-23.1.1-9. Source reduction and recycling data collection – Reporting

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requirements. -- (a) Each owner or operator of a facility required to file an annual toxic

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chemical release form under section 3.13 of the Superfund Amendments and Reauthorization Act

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of 1986 ("SARA") for any toxic chemical shall, at the time of submission of any form or report

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thereunder, submit a copy of such form or report to the Rhode Island Small Business Technical

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and Environmental Assistance Center.

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      23-23.1.1-10. Biennial reports. -- (a) The center shall provide the general assembly with

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a report within eighteen (18) months after enactment of this chapter and biennially thereafter,

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containing a detailed description of the actions taken to implement the strategy to promote source

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reduction developed under section 23-23.1.1-5(b) and of the results of such actions. The report

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shall include an assessment of the effectiveness of the clearinghouse and grant program

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established under this subtitle in promoting the goals of the strategy, and shall evaluate data gaps

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and data duplication with respect to data collected under state and federal environmental statutes.

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      (b) Each biennial report submitted under subsection (a) of this section after the first report

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shall contain each of the following:

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      (1) An analysis of the data collected under section 23-23.1.1-9 on an industry-by-industry

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basis for not less than five (5) SIC codes or other categories as the center deems appropriate. The

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analysis shall begin with those SIC codes or other categories of facilities that generate the largest

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quantities of toxic chemical waste. The analysis shall include an evaluation of trends in source

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reduction by industry, firm size, production, or other useful means. Each such subsequent report

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shall cover five (5) SIC codes or other categories that were not covered in a prior report until all

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SIC codes or other categories have been covered.

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      (2) An analysis of the usefulness and validity of the data collected under section 23-

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23.1.1-9 for measuring trends in source reduction and the adoption of source reduction by

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business.

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      (3) Identification of regulatory and nonregulatory barriers to source reduction, and of

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opportunities for using existing regulatory programs, and incentives and disincentives to promote

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and assist source reduction.

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      (4) Identification of industries and pollutants that require priority assistance in

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multimedia source reduction.

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      (5) Recommendations as to incentives needed to encourage investment and research and

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development in source reduction.

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      (6) Identification of opportunities and development of priorities for research and

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development in source reduction methods and techniques.

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      (7) An evaluation of the cost and technical feasibility, by industry and processes, of

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source reduction opportunities and current activities and an identification of any industries for

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which there are significant barriers to source reduction with an analysis of the basis of this

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identification.

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      (8) An evaluation of methods of coordinating, streamlining, and improving public access

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to data collected under state and federal environmental statutes.

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      (9) An evaluation of data gaps and data duplication with respect to data collected under

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state and federal environmental statutes. In the report following the first biennial report provided

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for under this subsection, the information set forth in subsections (3) through (8) of this section

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may be included at the discretion of the center.

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      23-23.1.1-11. Savings provisions. -- (a) Nothing in this subtitle shall be construed to

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modify or interfere with the implementation of title III of the Superfund Amendments and

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Reauthorization Act of 1986.

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      (b) Nothing contained in this subtitle shall be construed, interpreted or applied to

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supplant, displace, preempt or otherwise diminish the responsibilities and liabilities under other

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state or federal law, whether statutory or common.

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      23-23.1.1-12. Appropriation. -- There is hereby appropriated in each fiscal year out of

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any money in the treasury not otherwise appropriated funds sufficient to enable the center to

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implement the provisions of this chapter. The funds appropriated pursuant to this section may be

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annually appropriated in an amount sufficient to permit optimum matching funds for leverage of

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funds from federal and other sources. The state controller is authorized and directed to draw

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orders upon the general treasurer for the payment of this money, or so much as may be required

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from time to time, upon receipt by the state controller of properly authenticated vouchers.

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      23-23.1.1-13. Severability. -- If any provision of this chapter is declared

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unconstitutional or the applicability of this chapter to any person or circumstances is held invalid,

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the constitutionality of the remainder of the chapter and the applicability of it to other persons and

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circumstances shall not be affected by that invalidity.

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     SECTION 2. This act shall take effect upon passage.

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LC01070

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY -- AIR POLLUTION

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     This act would create the “Rhode Island Pollution Prevention Act of 2005” for the

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purpose of preventing or reducing pollution at the source, whenever feasible.

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     This act would also create a small business technical and environmental assistance center

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for the purpose of development and implementation of a strategy to promote source reduction.

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     This act would take effect upon passage.

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LC01070

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