PRINTER'S NO. 530
No. 503 Session of 1997
INTRODUCED BY BRIGHTBILL, TOMLINSON, AFFLERBACH, HELFRICK,
SALVATORE, WHITE, ROBBINS, HUGHES, O'PAKE, BELAN, HECKLER AND
SCHWARTZ, FEBRUARY 13, 1997
REFERRED TO ENVIRONMENTAL RESOURCES AND ENERGY,
FEBRUARY 13, 1997
AN ACT
1 Authorizing the Department of Environmental Protection to
2 administer a grant program to promote the development,
3 installation and demonstration of pollution prevention
4 technologies or procedures which reduce, reuse or recycle
5 hazardous substances; and establishing the Hazardous
6 Substance Pollution Prevention Fund.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Hazardous
11 Substance Pollution Prevention Assistance Act.
12 Section 2. Declaration of policy.
13 The General Assembly finds and declares as follows:
14 (1) The citizens of this Commonwealth are guaranteed the
15 right to clean water, clean air and a healthy environment by
16 section 27 of Article I of the Constitution of Pennsylvania,
17 and the General Assembly has a responsibility to ensure the
18 protection of that right. Hazardous substances can pose a
19 threat to these rights if they are not properly managed.
1 (2) Reducing, reusing and recycling hazardous substances
2 is one way to reduce the potential threat to the environment
3 presented by these substances. While generators of hazardous
4 waste in this Commonwealth have reduced the amount of waste
5 they produce by one-third in the last six years, new and
6 innovative technologies and processes will be needed to
7 achieve greater levels of reduction in the future.
8 (3) Green technologies which promote the reduction,
9 reuse and recycling of hazardous substances not only benefit
10 generators by preventing pollution and making them more
11 competitive, but will themselves result in creating new
12 employment opportunities and new industries. If properly
13 promoted, this Commonwealth can become a worldwide leader in
14 the development of these technologies.
15 Section 3. Definitions.
16 The following words and phrases when used in this act shall
17 have the meanings given to them in this section unless the
18 context clearly indicates otherwise:
19 "Department." The Department of Environmental Protection of
20 the Commonwealth.
21 "Hazardous substance." The term includes any element,
22 compound or material which is:
23 (1) Regulated as a hazardous air pollutant under section
24 6.6 of the act of January 8, 1960 (1959 P.L.2119, No.787),
25 known as the Air Pollution Control Act, and the regulations
26 promulgated thereunder.
27 (2) Defined as a hazardous waste under the act of July
28 7, 1980 (P.L.380, No.97), known as the Solid Waste Management
29 Act, and the regulations promulgated thereunder.
30 (3) Regulated under the act of December 7, 1990
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1 (P.L.639, No.165), known as the Hazardous Material Emergency
2 Planning and Response Act.
3 "Person." An individual, firm, corporation, association,
4 partnership, consortium, joint venture, commercial entity,
5 authority, interstate body, nonprofit, academic or other legal
6 entity which is recognized by law as the subject of rights and
7 duties. The term includes the Federal Government, state
8 governments and political subdivisions.
9 "Pollution prevention." A change in the use of or demand for
10 raw materials, products or technologies that leads to reductions
11 in the use or discharge of hazardous substances or the reuse or
12 recycling of hazardous substances; a change in the use of raw
13 materials or production processes that leads to reductions in
14 the amount of hazardous substances used or an increase in the
15 reuse or recycling of hazardous substances per unit of
16 production; creation of a closed-loop, zero or near-zero
17 discharge wastewater treatment system; a raw material
18 substitution, product reformulation, production process redesign
19 or modification, in-process recycling and improved operation and
20 maintenance, that reduces risk to public health, safety, welfare
21 and the environment and is multimedia in scope. The term does
22 not include any action or change resulting in a substitution of
23 one hazardous substance for another that will cause an increased
24 risk to the environment or to human health, cross-media
25 transfers, delisting of a hazardous waste or toxic chemical or
26 installation of equipment solely to comply with pollution
27 control regulations.
28 Section 4. Powers and duties.
29 (a) Environmental Quality Board.--The board shall have the
30 power and its duty shall be to implement the provisions of this
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1 act and to adopt any regulations needed for the implementation
2 of this act.
3 (b) Department.--The department shall have the power and its
4 duty shall be to implement the provisions of this act.
5 Section 5. Pollution prevention grants.
6 (a) General rule.--The department shall establish a program
7 for the purpose of providing grants to persons who develop,
8 install and demonstrate new or innovative pollution prevention
9 technologies which do the following:
10 (1) Reduce, reuse or recycle hazardous substances.
11 (2) Process changes or procedures for a particular
12 industry group.
13 (3) Process changes or procedures with potential
14 application in several industries or processes.
15 (b) Eligible expenses.--The amount of each grant shall be up
16 to 25% of the cost to develop, install and demonstrate the
17 pollution prevention technology, process changes or procedures.
18 Grants may be provided for the purchase or lease of capital
19 equipment to demonstrate pollution prevention technology which
20 must be used exclusively within this Commonwealth. Grants under
21 this act may be made for capital equipment purchased and
22 installed after December 31, 1993.
23 (c) Fund.--There is hereby established a separate account in
24 the State Treasury to be known as the Hazardous Substance
25 Pollution Prevention Fund, which shall be a special fund
26 administered by the department.
27 (d) Deposits.--In addition to any funds appropriated by the
28 General Assembly, Federal funds and private contributions, at
29 least $5,000,000 shall be transferred on July 1 of each year
30 from the Hazardous Sites Cleanup Fund established under the act
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1 of October 18, 1988 (P.L.756, No.108), known as the Hazardous
2 Sites Cleanup Act, to the Hazardous Substance Pollution
3 Prevention Fund for the purpose of implementing the grant
4 program established under this act. Up to 1% of the amount
5 transferred may be used by the department to pay the
6 administrative expenses associated with this grant program.
7 (e) Annual report.--The department shall on October 1 of
8 each year report to the General Assembly on the grants made from
9 the fund.
10 Section 6. Forms and procedures.
11 The department shall within 60 days of the effective date of
12 this act develop the forms and procedures necessary for the
13 implementation of this act.
14 Section 7. Technology transfer.
15 The department, in cooperation with the Department of
16 Community and Economic Development, shall develop a program to
17 transfer the technology and experiences gained as a result of
18 the grants made under this act to the private and public sector.
19 Section 8. Effective date.
20 This act shall take effect in 60 days.
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