Pollution Prevention Act

• Author: Environmental Law Reporter
• Pages: 789-791

Pollution Prevention Act

42 U.S.C. §§13101-13109

§13101.

Findings and policy

(a) Findings

The Congress finds that:

(1) The United States of America annually produces millions of

tons of pollution and spends tens of billions of dollars per year con-

trolling this pollution.

(2) There are significant opportunities for industry to reduce or

prevent pollution at the source through cost-effective changes in

production, operation, and raw materials use. Such changes offer

industry substantial savings in reduced raw material, pollution con-

trol, and liability costs as well as help protect the environment and

reduce risks to worker health and safety.

(3) The opportunities for source reduction are often not realized

because existing regulations, and the industrial resources they re-

quire for compliance, focus upon treatment and disposal, rather

than source reduction; existing regulations do not emphasize

multi-media management of pollution; and businesses need infor-

mation and technical assistance to overcome institutional barriers

to the adoption of source reduction practices.

(4) Source reduction is fundamentally different and more desir-

able than waste management and pollution control. The Environ-

mental Protection Agency needs to address the historical lack of at-

tention to source reduction.

(5) As a first step in preventing pollution through source reduc-

tion, the Environmental Protection Agency must establish a source

reduction program which collects and disseminates information,

provides financial assistance to States, and implements the other ac-

tivities provided for in this chapter.

(b) Policy

The Congress hereby declares it to be the national policy of the

United States that pollution should be prevented or reduced at the

source whenever feasible; pollution that cannot be prevented should

be recycled in an environmentally safe manner, whenever feasible;

pollution that cannot be prevented or recycled should be treated in an

environmentally safe manner whenever feasible; and disposal or other

release into the environment should be employed only as a last resort

and should be conducted in an environmentally safe manner.

(Pub. L. 101-508, title VI, §6602, Nov. 5, 1990, 104 Stat. 1388-321.)

References In Text

This chapter, referred to in subsec. (a)(5), was in the original “this subtitle”,

meaning subtitle F (Sec. 6501, 6601-6610) of title VI, Pub. L. 101-508, which is

classified generally to this chapter. For complete classification of subtitle F to the

Code, see Short Title note below and Tables.

Short Title

Section 6601 of Pub. L. 101-508 provided that: “This subtitle [subtitle F (Sec.

6501, 6601-6610) of title VI of Pub. L. 101-508, enacting this chapter and section

4370c of this title] may be cited as the ‘Pollution Prevention Act of 1990’.”

§13102.

Definitions

For purposes of this chapter—

(1) The term “Administrator” means the Administrator of the En-

vironmental Protection Agency.

(2) The term “Agency” means the Environmental Protection

Agency.

(3) The term “toxic chemical” means any substance on the list de-

scribed in section 11023(c) of this title.

(4) The term “release” has the same meaning as provided by sec-

tion 11049(8) of this title.

(5)(A) The term “source reduction” means any practice which—

(i) reduces the amount of any hazardous substance, pollut-

ant, or contaminant entering any waste stream or otherwise re-

leased into the environment (including fugitive emissions)

prior to recycling, treatment, or disposal; and

(ii) reduces the hazards to public health and the environ-

ment associated with the release of such substances, pollut-

ants, or contaminants.

The term includes equipment or technology modifications, process

or procedure modifications, reformulation or redesign of products,

substitution of raw materials, and improvements in housekeeping,

maintenance, training, or inventory control.

(B) The term “source reduction” does not include any practice

which alters the physical, chemical, or biological characteristics

or the volume of a hazardous substance, pollutant, or contami-

nant through a process or activity which itself is not integral to

and necessary for the production of a product or the providing of

a service.

(6) The term “multi-media” means water, air, and land.

(7) The term “SIC codes” refers to the 2-digit code numbers used

for classification of economic activity in the Standard Industrial

Classification Manual.

(Pub. L. 101-508, title VI, §6603, Nov. 5, 1990, 104 Stat. 1388-321.)

§13103.

EPA activities

(a) Authorities

The Administrator shall establish in the Agency an office to carry

out the functions of the Administrator under this chapter. The office

shall be independent of the Agency’s single-medium program offices

but shall have the authority to review and advise such offices on their

activities to promote a multi-media approach to source reduction. The

office shall be under the direction of such officer of the Agency as the

Administrator shall designate.

(b) Functions

The Administrator shall develop and implement a strategy to pro-

mote source reduction. As part of the strategy, the Administrator

shall—

(1) establish standard methods of measurement of source

reduction;

(2) ensure that the Agency considers the effect of its existing and

proposed programs on source reduction efforts and shall review

regulations of the Agency prior and subsequent to their proposal to

determine their effect on source reduction;

(3) coordinate source reduction activities in each Agency Of-

fice1and coordinate with appropriate offices to promote source re-

duction practices in other Federal agencies, and generic research

and development on techniques and processes which have broad

applicability;

(4) develop improved methods of coordinating, streamlining and

assuring public access to data collected under Federal environ-

mental statutes;

(5) facilitate the adoption of source reduction techniques by busi-

nesses. This strategy shall include the use of the Source Reduction

Clearinghouse and State matching grants provided in this chapter to

foster the exchange of information regarding source reduction tech-

niques, the dissemination of such information to businesses, and the

provision of technical assistance to businesses. The strategy shall

also consider the capabilities of various businesses to make use of

source reduction techniques;

(6) identify, where appropriate, measurable goals which reflect

the policy of this chapter, the tasks necessary to achieve the goals,

dates at which the principal tasks are to be accomplished, required

resources, organizational responsibilities, and the means by which

progress in meeting the goals will be measured;

(8)2establish an advisory panel of technical experts comprised of

POLLUTION PREVENTION ACT 42 U.S.C. §13103

789

1. So in original. Probably should not be capitalized.

2. So in original. Subsec. (b) enacted without a par. (7).