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Appendix D Charge to the National Academy of Sciences in Superfund Amendments and Reauthorization Act (SARA) Section 313~1) and U.S. Congress, 1986. SARA Conference Report on Mass Balance Study 111

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112 (1) IN GENERAL. - The Administrator shall arrange for a mass balance study to be carried out by the National Academy of Science using mass balance information collected by the Administrator under paragraph (3~. The Administrator shall submit to Congress a report on such a study no later than 5 years after the date of the enactment of this title. (2) PURPOSES. - The purposes of the study are as follows: (A) To assess the value of mass balance analysis in determining the accuracy of information on toxic chemical releases. (B) To assess the value of obtaining mass balance information, or portions thereof, to determine the waste reduction efficiency of dif- ferent facilities, or categories of facilities, including the effectiveness of toxic chemical regulations promulgated under laws other than this title. (C) To assess the utility of such infor- mation for evaluating toxic chemical management practices at facilities, or categories of facilities, covered by this section. (D) To determine the implications of mass balance information collection on a national scale similar to the mass balance information collection carried out by the Administrator under paragraph (3), including im- plications of the use of such collection as part of a national an- nual quantity toxic chemical release program. (3) INFORMATION COLLECTION. - (A) The Administrator shall acquire M4SS BALANCE INFORMATION Mass Balance Study SARA Section 313~) available mass balance information from States which currently conduct (or during the 5 years after the date of enactment of this title initiate) a mass balance-oriented annual quantity toxic chemical release program. If information from such States provides an inadequate representation of in- dustry classes and categories to carry out the purposes of study, the Ad- ministrator also may acquire mass balance information necessary for the study from a representative number of facilities in other States e (B) Any information acquired under this section shall be available to the public, except that upon a showing satisfactory to the Administrator by any person that the information (or a particular part thereof) to which the Administrator or any officer, employee, or representatives has access under this section if made public would divulge information entitled to protection under Section 1905 of title IS, United States Code, such information or part shall be considered confidential in accordance with the purposes of that section, except that such in- formation or part may be disclosed to other officers, employees, or authorized representatives of the United States concerned with carrying out this section. (C) The Administrator may promulgate regulations prescribing procedures for collecting mass balance infor- mation under this paragraph. (D) For purposes of collecting mass balance information under subparagraph (A), the Administrator may require the sub- mission of information by a State or facility.

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-D id) MASS BALANCE DEFINITION - For purposes of 1hls subsec110nEq' the term "mass balsDce" means an sccumuls110n of the Anus quads of chemlc~s transported 10 8 facibty, produced a18 faclhty, consumed 818 ~clU1y, used 81 113 a faclhty, accumulated at s faclH1y, released Mom ~ ~clh1y, and 1ransporled from s fs- clUty ~ s mate or ~ s commercla1 product or byproduct or component of ~ commercial product or byproduct

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114 U.S. Congress, 1986. SARA Conference Report on Section 313* SENATE AMENDMENT - The Toxic Chemicals Release Inventory Form submitted by each reporting facility would require the submission of information on the quantity of chemical substances transported to the facility, produced at the facility, and trans- ported from the facility as wastes or products. HOUSE AMENDMENT - No comparable . . provlslon. CONFERENCE SUBSTITUTE - Subsection (1) requires the Administrator to arrange for a study to be conducted by the National Academy of Sciences to evaluate several concepts involving the use of mass balance information. The report on the study must be submitted to Congress within 5 years. The term "mass balance" is defined as the accumulation of annual quantities of chemicals transported to, produced at, consumed at, used at, accumulated at, released from, and transported from a facility as a waste or product. It is anticipated that these quantities will be determined by a variety of methods including direct measurements, engineering estimates, estimates derived from differences between measurements, and other methods. In carrying out its responsibilities under this section the National Academy of Sciences should include an assessment of the quality of these measurements and the effect of in- accuracies on the purposes of the study. The Administrator is directed to acquire information form two sources. First, the Administrator must acquire available mass balance information from States currently conducting or, within the study period, initiating mass balance-oriented annual quantity toxic chemical release programs. Second, if these programs fail to provide an adequate representation of classes and categories of industry, the Administrator may acquire mass balance information from M;455 BALANCE INFORMATION a representative number of facilities in other States. For example, assuming existing State programs include several facilities which manufacture organic chemical products but only one facility manufactures inorganic chemicals, the Administrator could acquire the information from inorganic manu- facturing facilities in other States if the Administrator believed additional information was necessary for the study. All information acquired under this sec- tion must be available to the public except upon a showing satisfactory to the Administrator that the information is entitled to protection under confidential business information provisions of section 1905 of title IS, United States Code. There are several purposes for conducting the study. First, it should assess the value of mass balance analysis in deter- mining the accuracy of information on toxic chemical releases. Although other provisions of this section require reporting of emis- sions, questions remain regarding the accuracy of these estimates. At issue is whether mass balance analysis provides an effective method of assessing the accuracy of these estimates. Second, the study should answer questions regarding the value of mass balance or components of it, such as production rate, in determining the waste reduction efficiency of different facilities or categories of facilities, and the effectiveness of toxic chemical regulations. For example, can this information reasonably be used to compare different facilities in the same business to determine whether one is applying more rigorous environmental con- trol than another, or delineate whether *Pages 300-302 of the SARA report provide additional information on the mass balance study mandated in SARA Section 313~.

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APPENDIX D reduced releases of chemicals reflect improved control or limited operation? Third, the study should assess the utility of such information for evaluating toxic chemical management practices. For example, can this information enhance assessments of whether facilities are altering operations to reduce the presence or release of toxic chemicals? Fourth, the study should evaluate the implications of implementating a mass bal- ance program concept on a national scale. 115 This assessment should evaluate the value of information generated by such a program to the public and to regulators and policy makers at the local, Sate and national level together with the financial and other resources needed by governments and facilities to implement such a program and possible trade secret concerns that may arise. Subparagraph (1~3~(D) gives the Administrator enforceable authority to require submission of information necessary for this study.

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