EPA/742/L-90/100
Appendix B
Pollution Prevention Act
of1990
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The Pollution Prevention Act of 199O
Public Law 101-508.
Title 6. 104 STAT. 1388 (1990).
This Act became lau on October 26. 1990 upon being signed by the President
SEC, 6601. SHORT TITLE 42 USC 13101
Thti subtitle may be cited as the "Pollution Prevention Act of 1990".
SEC. 6602. FINDLNGS AND POLICY
&, FINDINGS - The Congress finds that:
1. The United States of America annually produces millions of tons pollution and
spends tens of billions of dollars per year controlling 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
control, 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 require for compliance, focus upon treat-
ment and disposal, rather than source reduction; existing regulations do not emphasize
multi-media management of pollution; and businesses need information and technical
assistance to overcome institutional barriers to the adoption of source reduction prac-
tices.
4. Source reduction is fundamentally different and more desirable than waste man-
agement and pollution control. The Environmental Protection Agency needs to address
the historical lack of attention of source reduction.
5. As a first step in preventing pollution through source reduction, the Environmen-
tal Protection Agency must establish a source reduction program which collects and
disseminates information, provides financial assistance to States, and implements the
other activities provided for in this subtitle.
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 pollu-
tion that cannot be prevented should be recycled in an environmentally safe manner when-
ever feasible; pollution that cannot be prevented or recycled should be treated in an environ-
mentally 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.
SEC. 6603. DEFINITIONS 42 USC 13102
For purposes of this subtitle-
1. The term "Administrator" means the Administrator of the Environmental Protec-
tion Agency.
2. The term "Agency" means the Environmental Protection Agency.
3. The term "toxic chemical" means any substance on the list described in section
313{c) of the Superfund Amendments and Reauthorization Act of 1986.
4. The term "release" has the same meaning as provided by section 329(8) of the
Superfund Amendments and Reauthorization Act of 1986.
A. The term "source reduction" means any practice which-
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Appet
42 USC 13103
'•' , i. reduces the amount of any hazardous substance, pollutant, or contaminant
entering any waste stream or otherwise released into the environment (including
fugitive emissions) prior to recycling, treatment, or disposal; and
ii. reduces the hazards to public health and the environment associated with
the release of such substances, pollutants, 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 physi-
cal, chemical, or biological characteristics or the volume of a hazardous substance, pol-
lutant, or contaminant 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. •
5. The term "multi-media" means water, air, and land.
6. The term "SIC codes" refers to the 2-digit code numbers used for classification of
'economic activity in the Standard Industrial Classification Manual.
SEC. 6604. EPA ACTIVITIES ,
a. AUTHORITIES - The Administrator shall establish in the Agency an office to carry out
the functions of the Administrator under this subtitle. The office shall be independent of the
Agency's single-medium program offices but shall have the authority to review and adYise-
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 promote
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 subse-
. quent to their proposal to determine their effect on source reduction;
3. coordinate source reduction activities in each Agency Office and coordinate with
appropriate offices to promote source reduction practices in other Federal agencies, and
generic research and development on techniques and processes which have broad appli-
: cability; •
4. develop improved methods of coordinating, streamlining and assuring public ac-
cess to data collected under Federal environmental statutes;
5. facilitate the 'adoption of source reduction techniques by businesses. This strat-
egy shall include the use of the Source Reduction Clearinghouse and State matching
grants provided in this subtitle to,foster the exchange of information regarding source
reduction techniques, the dissemination of such information to businesses, and the pro-
vision of technical assistance to businesses. The- strategy shall also consider the capa-
.bilities of various businesses to make use of source reduction techniques;
1 6. identify, where appropriate, measurable goals which reflect the policy of this
subtitle, 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;
7. establish,an advisory panel of technical experts comprised of representatives
from industry, the States," and public interest groups, to advise the Administrator on
ways to improve collection and dissemination of data;
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8. establish a training program on source reduction oppottmut.es, mcludmg work-
shops and guidance documents, for State and Federal permit issuance, enforcement, and
inspection officials working within all agency program offices; .
9. identify and make recommendations to Congress to ehnunate barriers to source
reduction including the use of incentives and disincentives;
10 identify opportunities to use Federal procurement to encourage source reduc-
11. develop, test and disseminate model source reduction auditing procedures de-
siened to highlight source reduction opportunities; and
P establish an annual award program to recognize a company or companies wluch
operate outstanding or innovative source reduction programs.
SEC. 6605. GRANTS TO STATES FOR STATE TECHNICAL ASSISTANCE
PROGRAMS
a GENERAL AUTHORITY - The Administrator shall make matching grants to States for
mote the use of source reduction techniques by businesses. ' ' .
T- When evaluating the request for grants under this secUon, the AdmimsW-
sr, among other things, whether the proposed State program would accom-
plish the WBJJJJ-- technica] ^^ available to businesses seeking information
^^r^^^^^^^^^^=
rCdU 2UOTargeTisistance to businesses for whom lack of information is an impediment to
source reduction. h-ininc mav be orovided
3. Provide training in source reduction techniques. Such training may be prov.ded
through local engineering schools or any other appropriate means
c MATCHING FUNDS - Federal funds used in any State program under this section shal
providtnlJo« than"50 per centum of the funds made available to a State » each year of that
42 USC 13104
XSnistrator shall establish appropriate means for measuring
,he dSS«ofS State grants made under this section in promoting the use of source
grants under this section shall make information
generated under the grants available to the Administrator.
SEC. 6606. SOURCE REDUCTION CLEARINGHOUSE
a. AUTHORITY - The Administrator shall establish a Source Reduction Clearinghouse
to combination including a computer data base which contains .ta^SiSi
agcment, technical, and operational approaches to source reduction. The Administrator shall
use the clearinghouse to-
1 serve as a center for source reduction technology transfer,
2. mount active outreach and education programs by the States to further the adop-
tion of source reduction technologies; and
3 collect and compile information reported by States receiving grants under sect.on
6605 on the operation and success of State source reduction programs.
b HJBLIC TAXABILITY - The Administrator shall make 'available to the public such
infonnauon ontoTrce reduction as is gathered pursuant to this subtitle and such other pert,
nentTnformation and analysis regarding source reduction as may be available to the Admm-
Stor Se data base shall permit entry and retrieval of informal to any person.
42 USC 13105
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Appe
42 USC 13106
272
SEC. 6607. SOURCE REDUCTION AND RECYCLING DATA COLLECTION
a. REPORTING REQUIREMENTS - Each owner or operator of a facility required to file
an annual toxic chemical release form under section 313 of the Superfund Amendments and
Reauthorization Act of 1986 ("SARA") forany toxic chemical source reduction and recycling
report for the proceeding calendar year. The toxic chemical source reduction and recycling
report shall cover each toxic chemical required to be reported in the annual toxic chemical
release form filed by the owner or operator under section 313(c) of that Act. This section shall
take effect with the annual report filed under section 313 for the first full calendar year
beginning after the enactment of this subtitle.
b. ITEMS INCLUDED IN REPORT - The toxic chemical source reduction and recycling
report required under subsection (a) shall set forth each of the following on a facility-by-
facility basis for each toxic chemical: ' • / '
1. The quantity of the chemical entering any waste stream (or otherwise released
into the environment) prior to recycling, treatment, or disposal during the calendar year
for which the report is filed and the percentage change from the previous year. The
quantity reported shall not include any amount reported under paragraph (7). When ac-
tual measurements of the quantity of a toxic chemical entering the waste streams are not
• readily available, reasonable estimates should be made on best engineering judgment
2. The amount of the chemical from the facility which is recycled (at the facility or
elsewhere) during such 'calendar year, the percentage change from the previous year, and
. the process of recycling used. .~. '
3. The source reduction practices used with respect to that chemical during such
year at the facility. Such practices shall be reported in accordance with the following
categories unless the Administrator finds other categories to be more appropriate.
A, Equipment, technology, process, or procedure modifications.
B. Reformulation or redesign of products. >
C. Substitution of raw materials. '
D. Improvement in management, training, inventory control, materials han-
dling, or other general operational phases of industrial facilities.
. 4. The amount expected to be reported under paragraphs (1) and (2) for the two
calendar years immediately following the calendar year for which the report is filed.
Such amount shall be expressed as a percentage change from the amount reported in
paragraphs (1) and (2). •
5. A ratio of production in the production _year to production in' the previous year.
The ratio should be calculated to most closely reflect all activities involving the toxic
•chemical. In specific industrial classificationssubj ect to this section, where a feedstock
or some varable other than production is the primary influence on waste characteristics
or volumes, the report may provide an index based on that primary variable for each
toxic chemical. The Administrator is encouraged to develop production indexes to ac-
commodate individual industries for use on a voluntary basis.
6. The techniques which were used to identify source reduction opportunities. Tech-
niques listed should include, but are not limited to, employee recommendations, exter-
nal and internal audits, participating team management, and material balance audits.
Each type of source reduction listed under paragraph .(3) should be associated with the
.techniques or multiples of techniques used to identify the source reduction technique.
: 7. The amount of any toxic chemical released into the environment which resulted
from a castatrophic event, remedial action, or other one-time event, and is not associated
with production processes during the reporting year.
8. The amount of the chemical from the facility which is treated (at the facility or
;elsewhere) during such calendar year and the percentage change from the previous year.
For the first year of reporting under this subsection, comparison with the previous year is
required only to the extent such information is available.
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if .C* ,«•*« -K.SX J
c S \RA PROVISIONS - The provisions of sections 322. 325(c), and 326 of the Superfund
Amendments and Reauthorization Act of 1986 shall apply to the reporting requirement; of
tins section in the same manner as to the reports required under section 313 of that Act. The
Administrator may modify the form required for purposes of reporting information under
section 313 of that Act to the extent he deems necessary to include the additional information
required under this section.
d ADDITIONAL OPTIONAL INFORMATION - Any person filing a report under this
section for any year may include with the report additional information regarding source
reduction, recyd'ing, and'other pollution control techniques in earlier years.
e AVAILABILITY OF DATA - Subject to section 322 of the Superfund Amendments and
Reauthorization Act of 1986. the Administrator shall make data collected under this section
publicly available in the same manner as the data collected under section 313 of the Superfund
Amendments and Reauthorization Act of 1986.
SEC. 6608. EPA REPORT 42 USC 13107
a BffiNNI *L REPORTS - The Administrator shall provide Congress with a report within
eighteen months after enactment of this subtitle and biennially thereafter, containing a de-
tailed description of the actions taken to implement the strategy to promote source reduction
developed under section 4{b) and the results of such actions. The report shall include an
assessment of the effectiveness of the clearinghouse and grant program established under this
subtitle in promoting the goals of the strategy, and shall evaluate data gaps and data duplica-
tion with respect to data collected under Federal environmental statutes.
b. SUBSEQUENT REPORTS - Each biennial report submitted under subsection (a) alter
the first report shall contain each of the following:
1 An analysis of the data collected under section 6607 on an industry-by-industry
basis for not less than five SIC codes or other categories as the Administrator deems .
appropriate, The analysis shall begin with those SIC codes or other categories of facili-
ties which generate the largest quantities of toxic chemical waste. The analysis shall
include an evaluation of trends in source reduction by industry, firm size, production, or
other useful means. Each such subsequent report shall cover five SIC codes or other
categories which were not covered in a prior report until all SIC codes or other catego-
ries have been covered. ' .
2 An analysis of the usefulness and validity of the data collected under section
6607 for measuring trends in source reduction and the adoption of source reduction by .
USm3 Identification of regulatory and nonregulatory barriers to source reduction, and of
opportunities for using existing regulatory programs, and incentives and disincentives to • •
promote and assist source reduction. .
4. Identification of industries and pollutants.that require priority assistance in multi-
media source reduction. ,
5. Recommendations as to incentives needed to encourage investment and research and
development in source reduction. . . - u A
6 Identification of opportunities and development of priorities for research and
development in source reduction methods and techniques.
7 An evaluation of the cost and technical feasibility, by industry and processes, ot
source'reduction opportunities and current activities and an identification of any indus-
tries for which there are significant barriers to source reduction with an analysis of the
basis of this identification.
8. An evaluation of methods coordinating, streamlining, and improving public ac-
cess to data collected under Federal environmental statutes.
9. An evaluation of data gaps and data duplication with respect to data collected under
Federal environmental statutes. ' 273
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42 USC 13108
42 USC 13109
In the report following the first biennial report provided for under this subsection, para-
graphs (3) through (9) may be included at the discretion of the Administrator.
SEC, 6609. SAVINGS PROVISIONS
a: Nothing in this subtitle shall be construed to modify or interfere with the implementa-
tion of title in of the Superfund Amendments and Reauthorization Act of 1986.
b. Nothing contained in this subtitle shall be construed, interpreted or applied to supplant,
displace, preempt or otherwise diminish the responsibilities and liabilities under other State
or Federal law, whether statutory or common.
SEC. 6610. AUTHORIZATION OF APPROPRIATIONS
There is authorized to be appropriated'to the Administrator $8,000,000 for each of the
, fiscal years 1991, 1992 and 1993 for functions carried out under this subtitle (other than State
grants),'and $8,000,000 for each of the fiscal years 1991, 1992 and 1993, for grant programs
to States issued pursuant to section 6605.
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