Appendix B

Pollution Prevention Act

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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".

   &, 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-
         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

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-

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
   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;

      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.

   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


     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.

    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


42 USC  13106
   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.

                                                                                   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

  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.


    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.

    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.