july 2000environmental law pollution prevention act (1990) 42 u.s.c. 13101 and 13102, § et seq....

July 2000 Environmental Law

Pollution Prevention Act Pollution Prevention Act (1990)(1990)

42 U.S.C. 13101 and 42 U.S.C. 13101 and 13102, 13102,

§ et seq. (1990)§ et seq. (1990)


TITLE 42 TITLE 42 CHAPTER 133 - CHAPTER 133 - POLLUTION PREVENTION POLLUTION PREVENTION

• Sec. 13101.Sec. 13101. Findings and policy Findings and policy • Sec. 13102.Sec. 13102. Definitions Definitions • Sec. 13103.Sec. 13103. EPA activities EPA activities • Sec. 13104.Sec. 13104. Grants to States for State technical Grants to States for State technical

assistance programs assistance programs • Sec. 13105.Sec. 13105. Source Reduction Clearinghouse Source Reduction Clearinghouse • Sec. 13106.Sec. 13106. Source reduction and recycling data Source reduction and recycling data

collection collection • Sec. 13107.Sec. 13107. EPA report EPA report • Sec. 13108.Sec. 13108. Savings provisions Savings provisions • Sec. 13109.Sec. 13109. Authorization of appropriations Authorization of appropriations

http://www4.law.cornell.edu/uscode/42/index.html

http://www4.law.cornell.edu/uscode/42/13101.html










The Law & The Law &

How EPA Implemented itHow EPA Implemented it


§ 13101. Findings and § 13101. Findings and policypolicy

(a)(a)FindingsFindings

The Congress finds that:The Congress finds that:

(1) The United States of America annually produces (1) The United States of America annually produces millions of tons of pollution and spends tens of billions of millions of tons of pollution and spends tens of billions of dollars per year controlling this pollution. dollars per year controlling this pollution.

(2) There are significant opportunities for industry to (2) There are significant opportunities for industry to reduce or prevent pollution at the source through cost-reduce or prevent pollution at the source through cost-effective changes in production, operation, and raw effective changes in production, operation, and raw materials use. Such changes offer industry substantial materials use. Such changes offer industry substantial savings in reduced raw material, pollution control, and savings in reduced raw material, pollution control, and liability costs as well as help protect the environment and liability costs as well as help protect the environment and reduce risks to worker health and safety. reduce risks to worker health and safety.


§ 13101. Findings and § 13101. Findings and policy policy

(a)(a) Findings cont.Findings cont.(3) The opportunities for source reduction are (3) The opportunities for source reduction are

often not realized because existing often not realized because existing regulations, and the industrial resources regulations, and the industrial resources they require for compliance, focus upon they require for compliance, focus upon treatment and disposal, rather than source treatment and disposal, rather than source reduction; existing regulations do not reduction; existing regulations do not emphasize multi-media management of emphasize multi-media management of pollution; and businesses need information pollution; and businesses need information and technical assistance to overcome and technical assistance to overcome institutional barriers to the adoption of institutional barriers to the adoption of source reduction practices. source reduction practices.



(a)(a) Findings cont.Findings cont.(4) Source reduction is fundamentally different (4) Source reduction is fundamentally different and more desirable than waste management and more desirable than waste management and pollution control. The Environmental and pollution control. The Environmental Protection Agency needs to address the Protection Agency needs to address the historical lack of attention to source reduction. historical lack of attention to source reduction. (5) As a first step in preventing pollution (5) As a first step in preventing pollution through source reduction, the Environmental through source reduction, the Environmental Protection Agency must establish a source Protection Agency must establish a source reduction program which collects and reduction program which collects and disseminates information, provides financial disseminates information, provides financial assistance to States, and implements the other assistance to States, and implements the other activities provided for in this chapter. activities provided for in this chapter.



(b) Policy (b) Policy The Congress hereby declares it to be the The Congress hereby declares it to be the national policy of the United States that pollution national policy of the United States that pollution should be prevented or reduced at the source should be prevented or reduced at the source whenever feasible; pollution that cannot be whenever feasible; pollution that cannot be prevented should be recycled in an prevented should be recycled in an environmentally safe manner, whenever feasible; environmentally safe manner, whenever feasible; pollution that cannot be prevented or recycled pollution that cannot be prevented or recycled should be treated in an environmentally safe should be treated in an environmentally safe manner whenever feasible; and disposal or other manner whenever feasible; and disposal or other release into the environment should be employed release into the environment should be employed only as a last resort and should be conducted in only as a last resort and should be conducted in an environmentally safe manner an environmentally safe manner


§ 13102. Definitions§ 13102. Definitions

For purposes of this chapterFor purposes of this chapter1. The term ''Administrator'' means the 1. The term ''Administrator'' means the Administrator of the Environmental Protection Administrator of the Environmental Protection Agency.Agency.2. The term ''Agency'' means the Environmental 2. The term ''Agency'' means the Environmental Protection Agency. Protection Agency. 3. The term ''toxic chemical'' means any 3. The term ''toxic chemical'' means any substance on the list described in section substance on the list described in section 11023(c) of this title.11023(c) of this title.4. The term ''release'' has the same meaning as 4. The term ''release'' has the same meaning as provided by section 11049(8) of this title. provided by section 11049(8) of this title.


§ 13102. Definitions § 13102. Definitions

5.5.(A) The term ''source reduction'' means any (A) The term ''source reduction'' means any practice which - practice which -

(i) reduces the amount of any hazardous substance, (i) reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or pollutant, or contaminant entering any waste stream or otherwise released into the environment (including otherwise released into the environment (including fugitive emissions) prior to recycling, treatment, or fugitive emissions) prior to recycling, treatment, or disposal; and disposal; and (ii) reduces the hazards to public health and the (ii) reduces the hazards to public health and the environment associated with the release of such environment associated with the release of such substances, pollutants, or contaminants. The term substances, pollutants, or contaminants. The term includes equipment or technology modifications, includes equipment or technology modifications, process or procedure modifications, reformulation or process or procedure modifications, reformulation or redesign of products, substitution of raw materials, and redesign of products, substitution of raw materials, and improvements in housekeeping, maintenance, training, improvements in housekeeping, maintenance, training, or inventory control.or inventory control.



(B) The term ''source reduction'' does (B) The term ''source reduction'' does not include any practice which alters not include any practice which alters the physical, chemical, or biological the physical, chemical, or biological characteristics or the volume of a characteristics or the volume of a hazardous substance, pollutant, or hazardous substance, pollutant, or contaminant through a process or contaminant through a process or activity which itself is not integral to activity which itself is not integral to and necessary for the production of a and necessary for the production of a product or the providing of a service.product or the providing of a service.



6.The term ''multi-media'' means 6.The term ''multi-media'' means water, air, and land.water, air, and land.7.The term ''SIC codes'' refers to the 7.The term ''SIC codes'' refers to the 2-digit code numbers used for 2-digit code numbers used for classification of economic activity in classification of economic activity in the Standard Industrial the Standard Industrial Classification Manual. Classification Manual.


§ 13103. EPA activities§ 13103. EPA activities

(a) Authorities(a) AuthoritiesThe Administrator shall establish in the The Administrator shall establish in the Agency an office to carry out the Agency an office to carry out the functions of the Administrator under this functions of the Administrator under this chapter. The office shall be independent chapter. The office shall be independent of the Agency's single-medium program of the Agency's single-medium program offices but shall have the authority to offices but shall have the authority to review and advise such offices on their review and advise such offices on their activities to promote a multi-media activities to promote a multi-media approach to source reduction. The office approach to source reduction. The office shall be under the direction of such shall be under the direction of such officer of the Agency as the officer of the Agency as the Administrator shall designate. Administrator shall designate.



(b) Functions (b) Functions

The Administrator shall develop and implement a The Administrator shall develop and implement a strategy to promote source reduction. As part of strategy to promote source reduction. As part of the strategy, the Administrator shall - the strategy, the Administrator shall - 1. establish standard methods of measurement of 1. establish standard methods of measurement of source reduction; source reduction; 2. ensure that the Agency considers the effect of 2. ensure that the Agency considers the effect of its existing and proposed programs on source its existing and proposed programs on source reduction efforts and shall review regulations of reduction efforts and shall review regulations of the Agency prior and subsequent to their proposal the Agency prior and subsequent to their proposal to determine their effect on source reduction; to determine their effect on source reduction;



(b) Functions cont.(b) Functions cont.3. coordinate source reduction activities in 3. coordinate source reduction activities in each Agency Office (FOOTNOTE 1) and each Agency Office (FOOTNOTE 1) and coordinate with appropriate offices to promote coordinate with appropriate offices to promote source reduction practices in other Federal source reduction practices in other Federal agencies, and generic research and agencies, and generic research and development on techniques and processes development on techniques and processes which have broad applicability; which have broad applicability; (FOOTNOTE 1) So in original. Probably should (FOOTNOTE 1) So in original. Probably should not be capitalized. not be capitalized.



(b) Functions cont.(b) Functions cont.4. develop improved methods of 4. develop improved methods of coordinating, streamlining and assuring coordinating, streamlining and assuring public access to data collected under public access to data collected under Federal environmental statutes; Federal environmental statutes;



(b) Functions cont.(b) Functions cont.5. facilitate the adoption of source reduction 5. facilitate the adoption of source reduction techniques by businesses. This strategy shall techniques by businesses. This strategy shall include the use of the Source Reduction include the use of the Source Reduction Clearinghouse and State matching grants Clearinghouse and State matching grants provided in this chapter to foster the exchange provided in this chapter to foster the exchange of information regarding source reduction of information regarding source reduction techniques, the dissemination of such techniques, the dissemination of such information to businesses, and the provision of information to businesses, and the provision of technical assistance to businesses. The technical assistance to businesses. The strategy shall also consider the capabilities of strategy shall also consider the capabilities of various businesses to make use of source various businesses to make use of source reduction techniques; reduction techniques;



(b) Functions cont.(b) Functions cont.6. identify, where appropriate, 6. identify, where appropriate, measurable goals which reflect the measurable goals which reflect the policy of this chapter, the tasks policy of this chapter, the tasks necessary to achieve the goals, dates at necessary to achieve the goals, dates at which the principal tasks are to be which the principal tasks are to be accomplished, required resources, accomplished, required resources, organizational responsibilities, and the organizational responsibilities, and the means by which progress in meeting means by which progress in meeting the goals will be measured; the goals will be measured;



(b) Functions cont.(b) Functions cont.7. (FOOTNOTE 2) establish an advisory 7. (FOOTNOTE 2) establish an advisory panel of technical experts comprised of panel of technical experts comprised of representatives from industry, the States, representatives from industry, the States, and public interest groups, to advise the and public interest groups, to advise the Administrator on ways to improve Administrator on ways to improve collection and dissemination of data; collection and dissemination of data; (FOOTNOTE 2) So in original. Subsec. (b) (FOOTNOTE 2) So in original. Subsec. (b) enacted without a par. (7). enacted without a par. (7).



(b) Functions cont.(b) Functions cont.8. establish a training program on 8. establish a training program on source reduction opportunities, source reduction opportunities, including workshops and guidance including workshops and guidance documents, for State and Federal permit documents, for State and Federal permit issuance, enforcement, and inspection issuance, enforcement, and inspection officials working within all agency officials working within all agency program offices. (FOOTNOTE 3) program offices. (FOOTNOTE 3) (FOOTNOTE 3) So in original. The (FOOTNOTE 3) So in original. The period probably should be a semicolon. period probably should be a semicolon.



(b) Functions cont.(b) Functions cont.9. identify and make recommendations 9. identify and make recommendations to Congress to eliminate barriers to to Congress to eliminate barriers to source reduction including the use of source reduction including the use of incentives and disincentives; incentives and disincentives; 10. identify opportunities to use Federal 10. identify opportunities to use Federal procurement to encourage source procurement to encourage source reduction; reduction;



(b) Functions cont.(b) Functions cont.

11. develop, test and disseminate model 11. develop, test and disseminate model source reduction auditing procedures source reduction auditing procedures designed to highlight source reduction designed to highlight source reduction opportunities; and opportunities; and 12. establish an annual award program to 12. establish an annual award program to recognize a company or companies which recognize a company or companies which operate outstanding or innovative source operate outstanding or innovative source reduction programs. reduction programs.


§ 13104. Grants to States for State § 13104. Grants to States for State technical assistance programstechnical assistance programs

(a) General authority(a) General authority

The Administrator shall make The Administrator shall make matching grants to States for matching grants to States for programs to promote the use of programs to promote the use of source reduction techniques by source reduction techniques by businesses.businesses.



(b) Criteria(b) Criteria

When evaluating the requests for grants under this section, When evaluating the requests for grants under this section, the Administrator shall consider, among other things, whether the Administrator shall consider, among other things, whether the proposed State program would accomplish the following: the proposed State program would accomplish the following:

1. Make specific technical assistance available to 1. Make specific technical assistance available to businesses seeking information about source reduction businesses seeking information about source reduction opportunities, including funding for experts to provide opportunities, including funding for experts to provide onsite technical advice to business (FOOTNOTE 1) seeking onsite technical advice to business (FOOTNOTE 1) seeking assistance and to assist in the development of source assistance and to assist in the development of source reduction plans. reduction plans. (FOOTNOTE 1) So in original. Probably should be (FOOTNOTE 1) So in original. Probably should be ''businesses''. ''businesses''. 2. Target assistance to businesses for whom lack of 2. Target assistance to businesses for whom lack of information is an impediment to source reduction. information is an impediment to source reduction. 3. Provide training in source reduction techniques. Such 3. Provide training in source reduction techniques. Such training may be provided through local engineering training may be provided through local engineering schools or any other appropriate means. schools or any other appropriate means.



(c) Matching funds (c) Matching funds

Federal funds used in any State program under this Federal funds used in any State program under this section shall provide no more than 50 per centum of the section shall provide no more than 50 per centum of the funds made available to a State in each year of that State's funds made available to a State in each year of that State's participation in the program. participation in the program.

(d) Effectiveness (d) Effectiveness

The Administrator shall establish appropriate means for The Administrator shall establish appropriate means for measuring the effectiveness of the State grants made measuring the effectiveness of the State grants made under this section in promoting the use of source under this section in promoting the use of source reduction techniques by businesses.reduction techniques by businesses.



(e) Information (e) Information

States receiving grants under this States receiving grants under this section shall make information section shall make information generated under the grants available generated under the grants available to the Administrator. to the Administrator.


§ 13105. Source Reduction § 13105. Source Reduction Clearinghouse Clearinghouse

(a) Authority (a) Authority

The Administrator shall establish a Source The Administrator shall establish a Source Reduction Clearinghouse to compile Reduction Clearinghouse to compile information including a computer data information including a computer data base which contains information on base which contains information on management, technical, and operational management, technical, and operational approaches to source reduction. The approaches to source reduction. The Administrator shall use the clearinghouse Administrator shall use the clearinghouse to - to -


§ 13105. Source Reduction § 13105. Source Reduction ClearinghouseClearinghouse

(a)(a) Authority cont.Authority cont.1. serve as a center for source reduction 1. serve as a center for source reduction technology transfer; technology transfer; 2. mount active outreach and education 2. mount active outreach and education programs by the States to further the programs by the States to further the adoption of source reduction technologies; adoption of source reduction technologies; and and 3. collect and compile information 3. collect and compile information reported by States receiving grants under reported by States receiving grants under section 13104 of this title on the operation section 13104 of this title on the operation and success of State source reduction and success of State source reduction programs. programs.


§ 13105. Source Reduction § 13105. Source Reduction Clearinghouse Clearinghouse

(b) Public availability (b) Public availability

The Administrator shall make available to The Administrator shall make available to the public such information on source the public such information on source reduction as is gathered pursuant to this reduction as is gathered pursuant to this chapter and such other pertinent chapter and such other pertinent information and analysis regarding source information and analysis regarding source reduction as may be available to the reduction as may be available to the Administrator. The data base shall permit Administrator. The data base shall permit entry and retrieval of information to any entry and retrieval of information to any person. person.


§ 13106. Source reduction and § 13106. Source reduction and recycling data collection recycling data collection

(a) Reporting requirements(a) Reporting requirements

Each owner or operator of a facility required to file an Each owner or operator of a facility required to file an annual toxic chemical release form under section 11023 of annual toxic chemical release form under section 11023 of this title for any toxic chemical shall include with each this title for any toxic chemical shall include with each such annual filing a toxic chemical source reduction and such annual filing a toxic chemical source reduction and recycling report for the preceding (FOOTNOTE 1) calendar recycling report for the preceding (FOOTNOTE 1) calendar year. The toxic chemical source reduction and recycling year. The toxic chemical source reduction and recycling report shall cover each toxic chemical required to be report shall cover each toxic chemical required to be reported in the annual toxic chemical release form filed by reported in the annual toxic chemical release form filed by the owner or operator under section 11023(c) of this title. the owner or operator under section 11023(c) of this title. This section shall take effect with the annual report filed This section shall take effect with the annual report filed under section 11023 of this title for the first full calendar under section 11023 of this title for the first full calendar year beginning after November 5, 1990. year beginning after November 5, 1990. (FOOTNOTE 1) So in original. Probably should be (FOOTNOTE 1) So in original. Probably should be ''preceding''. ''preceding''.


§ 13106. Source reduction and § 13106. Source reduction and recycling data collectionrecycling data collection

b) Items included in report b) Items included in report

The toxic chemical source reduction The toxic chemical source reduction and recycling report required under and recycling report required under subsection (a) of this section shall subsection (a) of this section shall set forth each of the following on a set forth each of the following on a facility-by-facility basis for each toxic facility-by-facility basis for each toxic chemical: chemical:



b) Items included in report cont.b) Items included in report cont.1. The quantity of the chemical entering any waste 1. The quantity of the chemical entering any waste stream (or otherwise released into the stream (or otherwise released into the environment) prior to recycling, treatment, or environment) prior to recycling, treatment, or disposal during the calendar year for which the disposal during the calendar year for which the report is filed and the percentage change from the report is filed and the percentage change from the previous year. The quantity reported shall not previous year. The quantity reported shall not include any amount reported under paragraph (7). include any amount reported under paragraph (7). When actual measurements of the quantity of a When actual measurements of the quantity of a toxic chemical entering the waste streams are not toxic chemical entering the waste streams are not readily available, reasonable estimates should be readily available, reasonable estimates should be made based on best engineering judgment. made based on best engineering judgment.



(b) Items included in report cont.(b) Items included in report cont.2. The amount of the chemical from the 2. The amount of the chemical from the facility which is recycled (at the facility facility which is recycled (at the facility or elsewhere) during such calendar or elsewhere) during such calendar year, the percentage change from the year, the percentage change from the previous year, and the process of previous year, and the process of recycling used. recycling used.



(b) Items included in report cont.(b) Items included in report cont.3. The source reduction practices used with 3. The source reduction practices used with respect to that chemical during such year at the respect to that chemical during such year at the facility. Such practices shall be reported in facility. Such practices shall be reported in accordance with the following categories unless accordance with the following categories unless the Administrator finds other categories to be the Administrator finds other categories to be more appropriate.more appropriate.

(A) Equipment, technology, process, or procedure (A) Equipment, technology, process, or procedure modifications.modifications.(B) Reformulation or redesign of products. (B) Reformulation or redesign of products. (C) Substitution of raw materials. (C) Substitution of raw materials. (D) Improvement in management, training, inventory (D) Improvement in management, training, inventory control, materials handling, or other general control, materials handling, or other general operational phases of industrial facilities. operational phases of industrial facilities.



(b) Items included in report cont.(b) Items included in report cont.4. The amount expected to be reported 4. The amount expected to be reported under paragraph (FOOTNOTE 2) (1) under paragraph (FOOTNOTE 2) (1) and (2) for the two calendar years and (2) for the two calendar years immediately following the calendar year immediately following the calendar year for which the report is filed. Such for which the report is filed. Such amount shall be expressed as a amount shall be expressed as a percentage change from the amount percentage change from the amount reported in paragraphs (1) and (2). reported in paragraphs (1) and (2). (FOOTNOTE 2) So in original. Probably (FOOTNOTE 2) So in original. Probably should be ''paragraphs''. should be ''paragraphs''.



(b) Items included in report cont.(b) Items included in report cont.5. A ratio of production in the reporting year to 5. A ratio of production in the reporting year to production in the previous year. The ratio should production in the previous year. The ratio should be calculated to most closely reflect all activities be calculated to most closely reflect all activities involving the toxic chemical. In specific industrial involving the toxic chemical. In specific industrial classifications subject to this section, where a classifications subject to this section, where a feedstock or some variable other than production feedstock or some variable other than production is the primary influence on waste characteristics is the primary influence on waste characteristics or volumes, the report may provide an index or volumes, the report may provide an index based on that primary variable for each toxic based on that primary variable for each toxic chemical. The Administrator is encouraged to chemical. The Administrator is encouraged to develop production indexes to accommodate develop production indexes to accommodate individual industries for use on a voluntary basis. individual industries for use on a voluntary basis.



(b) Items included in the report cont.(b) Items included in the report cont.6. The techniques which were used to identify 6. The techniques which were used to identify source reduction opportunities. Techniques listed source reduction opportunities. Techniques listed should include, but are not limited to, employee should include, but are not limited to, employee recommendations, external and internal audits, recommendations, external and internal audits, participative team management, and material participative team management, and material balance audits. Each type of source reduction balance audits. Each type of source reduction listed under paragraph (3) should be associated listed under paragraph (3) should be associated with the techniques or multiples of techniques with the techniques or multiples of techniques used to identify the source reduction technique. used to identify the source reduction technique.



(b) Items included in the report cont.(b) Items included in the report cont.7. The amount of any toxic chemical 7. The amount of any toxic chemical released into the environment which released into the environment which resulted from a catastrophic event, resulted from a catastrophic event, remedial action, or other one-time remedial action, or other one-time event, and is not associated with event, and is not associated with production processes during the production processes during the reporting year. reporting year.



(b) Items included in the report cont.(b) Items included in the report cont.8. The amount of the chemical from the 8. The amount of the chemical from the facility which is treated (at the facility facility which is treated (at the facility or elsewhere) during such calendar or elsewhere) during such calendar year and the percentage change from year and the percentage change from the previous year. For the first year of the previous year. For the first year of reporting under this subsection, reporting under this subsection, comparison with the previous year is comparison with the previous year is required only to the extent such required only to the extent such information is available. information is available.



(c) SARA provisions(c) SARA provisionsThe provisions of sections 11042, The provisions of sections 11042, 11045(c), and 11046 of this title shall 11045(c), and 11046 of this title shall apply to the reporting requirements of apply to the reporting requirements of this section in the same manner as to the this section in the same manner as to the reports required under section >11023 of reports required under section >11023 of this title. The Administrator may modify this title. The Administrator may modify the form required for purposes of the form required for purposes of reporting information under section reporting information under section 11023 of this title to the extent he deems 11023 of this title to the extent he deems necessary to include the additional necessary to include the additional information required under this section. information required under this section.



(d) Additional optional information(d) Additional optional informationAny person filing a report under this Any person filing a report under this section for any year may include section for any year may include with the report additional with the report additional information regarding source information regarding source reduction, recycling, and other reduction, recycling, and other pollution control techniques in pollution control techniques in earlier years. earlier years.



(e) Availability of data (e) Availability of data

Subject to section 11042 of this title, Subject to section 11042 of this title, the Administrator shall make data the Administrator shall make data collected under this section publicly collected under this section publicly available in the same manner as the available in the same manner as the data collected under section 11023 data collected under section 11023 of this title. of this title.


§ 13107. EPA report § 13107. EPA report (a) Biennial reports (a) Biennial reports

The Administrator shall provide Congress with a report The Administrator shall provide Congress with a report within eighteen months after November 5, 1990, and within eighteen months after November 5, 1990, and biennially thereafter, containing a detailed description of biennially thereafter, containing a detailed description of the actions taken to implement the strategy to promote the actions taken to implement the strategy to promote source reduction developed under section 13103(b) source reduction developed under section 13103(b) (FOOTNOTE 1) of this title and of the results of such (FOOTNOTE 1) of this title and of the results of such actions. The report shall include an assessment of the actions. The report shall include an assessment of the effectiveness of the clearinghouse and grant program effectiveness of the clearinghouse and grant program established under this chapter in promoting the goals of established under this chapter in promoting the goals of the strategy, and shall evaluate data gaps and data the strategy, and shall evaluate data gaps and data duplication with respect to data collected under Federal duplication with respect to data collected under Federal environmental statutes. environmental statutes. (FOOTNOTE 1) See References in Text note below.(FOOTNOTE 1) See References in Text note below.


§ 13107. EPA report§ 13107. EPA report• (b) Subsequent reports(b) Subsequent reports

Each biennial report submitted under subsection (a) of this Each biennial report submitted under subsection (a) of this section after the first report shall contain each of the section after the first report shall contain each of the following: following:

• 1. An analysis of the data collected under section 13106 of 1. An analysis of the data collected under section 13106 of this title on an industry-by-industry basis for not less than this title on an industry-by-industry basis for not less than five SIC codes or other categories as the Administrator five SIC codes or other categories as the Administrator deems appropriate. The analysis shall begin with those SIC deems appropriate. The analysis shall begin with those SIC codes or other categories of facilities which generate the codes or other categories of facilities which generate the largest quantities of toxic chemical waste. The analysis largest quantities of toxic chemical waste. The analysis shall include an evaluation of trends in source reduction by shall include an evaluation of trends in source reduction by industry, firm size, production, or other useful means. industry, firm size, production, or other useful means. Each such subsequent report shall cover five SIC codes or Each such subsequent report shall cover five SIC codes or other categories which were not covered in a prior report other categories which were not covered in a prior report until all SIC codes or other categories have been covered. until all SIC codes or other categories have been covered.


§ 13107. EPA report§ 13107. EPA report

(b) Subsequent reports cont.(b) Subsequent reports cont.2. An analysis of the usefulness and validity of 2. An analysis of the usefulness and validity of the data collected under section 13106 of this the data collected under section 13106 of this title for measuring trends in source reduction title for measuring trends in source reduction and the adoption of source reduction by and the adoption of source reduction by business. business. 3. Identification of regulatory and 3. Identification of regulatory and nonregulatory barriers to source reduction, nonregulatory barriers to source reduction, and of opportunities for using existing and of opportunities for using existing regulatory programs, and incentives and regulatory programs, and incentives and disincentives to promote and assist source disincentives to promote and assist source reduction. reduction.



(b) Subsequent reports cont.(b) Subsequent reports cont.4. Identification of industries and 4. Identification of industries and pollutants that require priority assistance pollutants that require priority assistance in multi-media source reduction in multi-media source reduction (FOOTNOTE 2)(FOOTNOTE 2)(FOOTNOTE 2) So in original. Probably (FOOTNOTE 2) So in original. Probably should be followed by a period.should be followed by a period.5. Recommendations as to incentives 5. Recommendations as to incentives needed to encourage investment and needed to encourage investment and research and development in source research and development in source reduction. reduction.



(b) Subsequent reports cont.(b) Subsequent reports cont.6. Identification of opportunities and 6. Identification of opportunities and development of priorities for research and development of priorities for research and development in source reduction methods and development in source reduction methods and techniques. techniques. 7. An evaluation of the cost and technical 7. An evaluation of the cost and technical feasibility, by industry and processes, of source feasibility, by industry and processes, of source reduction opportunities and current activities reduction opportunities and current activities and an identification of any industries for which and an identification of any industries for which there are significant barriers to source reduction there are significant barriers to source reduction with an analysis of the basis of this identification. with an analysis of the basis of this identification.



(b) Subsequent reports cont.(b) Subsequent reports cont.8. An evaluation of methods of coordinating, 8. An evaluation of methods of coordinating, streamlining, and improving public access to streamlining, and improving public access to data collected under Federal environmental data collected under Federal environmental statutes. statutes. 9. An evaluation of data gaps and data 9. An evaluation of data gaps and data duplication with respect to data collected under duplication with respect to data collected under Federal environmental statutes. In the report Federal environmental statutes. In the report following the first biennial report provided for following the first biennial report provided for under this subsection, paragraphs (3) through (9) under this subsection, paragraphs (3) through (9) may be included at the discretion of the may be included at the discretion of the Administrator. Administrator.


§ 13108. Savings § 13108. Savings provisionsprovisions

§ 13108. Savings provisions§ 13108. Savings provisions(a) Nothing in this chapter shall be construed to (a) Nothing in this chapter shall be construed to modify or interfere with the implementation of modify or interfere with the implementation of title III of the Superfund Amendments and title III of the Superfund Amendments and Reauthorization Act of 1986 (42 U.S.C. 11001 et Reauthorization Act of 1986 (42 U.S.C. 11001 et seq.). seq.).

(b) Nothing contained in this chapter shall be (b) Nothing contained in this chapter shall be construed, interpreted or applied to supplant, construed, interpreted or applied to supplant, displace, preempt or otherwise diminish the displace, preempt or otherwise diminish the responsibilities and liabilities under other State responsibilities and liabilities under other State or Federal law, whether statutory or common. or Federal law, whether statutory or common.


§ 13109. Authorization of § 13109. Authorization of appropriations appropriations

There is authorized to be appropriated to There is authorized to be appropriated to the Administrator $8,000,000 for each of the Administrator $8,000,000 for each of the fiscal years 1991, 1992, and 1993 for the fiscal years 1991, 1992, and 1993 for functions carried out under this chapter functions carried out under this chapter (other than State Grants), (FOOTNOTE 1) (other than State Grants), (FOOTNOTE 1) and $8,000,000 for each of the fiscal years and $8,000,000 for each of the fiscal years 1991, 1992, and 1993, for grant programs 1991, 1992, and 1993, for grant programs to States issued pursuant to section to States issued pursuant to section 13104 of this title. (FOOTNOTE 1) So in 13104 of this title. (FOOTNOTE 1) So in original. Probably should not be original. Probably should not be capitalized. capitalized.


Pollution Prevention Information Pollution Prevention Information

Clearinghouse (PPIC)Clearinghouse (PPIC)

• The Pollution Prevention Information The Pollution Prevention Information Clearinghouse (PPIC) is a free, Clearinghouse (PPIC) is a free, nonregulatory service of the U.S nonregulatory service of the U.S EPA dedicated to reducing or EPA dedicated to reducing or eliminating industrial pollutants eliminating industrial pollutants through technology transfer, through technology transfer, education, and public awareness.education, and public awareness.


Pollution Prevention Information Pollution Prevention Information Clearinghouse (PPIC)Clearinghouse (PPIC)

• Pollution Prevention ResourcesPollution Prevention Resources, such as EPA documents , such as EPA documents and fact sheets dealing with source reduction and pollution and fact sheets dealing with source reduction and pollution prevention, are available from the Clearinghouse. This list prevention, are available from the Clearinghouse. This list includes links to EPA and external P2 web sites, and is includes links to EPA and external P2 web sites, and is updated quarterly. updated quarterly.

• The The New Documents ListNew Documents List provides more detailed provides more detailed information about documents recently added to the information about documents recently added to the Pollution Prevention Publications list. Pollution Prevention Publications list.

• The The PPIC ArchivePPIC Archive contains electronic versions of older contains electronic versions of older pollution prevention documents no longer available in hard pollution prevention documents no longer available in hard copy. copy.

• The The Conference ListConference List gives details and contact information gives details and contact information for many current and upcoming Pollution Prevention for many current and upcoming Pollution Prevention conferences, workshops & training opportunities. conferences, workshops & training opportunities.

http://www.epa.gov/opptintr/library/ppicdist.htm

http://www.epa.gov/opptintr/library/ppicnew.htm

http://www.epa.gov/opptintr/library/ppicarchive.htm

http://www.epa.gov/opptintr/library/ppicconf.htm


Pollution Prevention Information Pollution Prevention Information Clearinghouse (PPIC)Clearinghouse (PPIC)

The PPIC can also answer questions about The PPIC can also answer questions about pollution prevention or refer you to appropriate pollution prevention or refer you to appropriate contacts for additional information. contacts for additional information. Contact usContact us for reference and referral assistance. for reference and referral assistance. – Visit the Visit the EPA Pollution Prevention HomepageEPA Pollution Prevention Homepage to learn to learn

more about EPA's pollution prevention programs and more about EPA's pollution prevention programs and initiatives. initiatives.

– The Pollution Prevention Special Collection, which is The Pollution Prevention Special Collection, which is located in the located in the OPPTS Chemical LibraryOPPTS Chemical Library, includes , includes pollution prevention training materials, conference pollution prevention training materials, conference proceedings, periodicals, and federal and state proceedings, periodicals, and federal and state government publications. You can search the Collection government publications. You can search the Collection through the EPA's through the EPA's Online Library System (OLS)Online Library System (OLS) by by selecting "Advanced Search," searching "pollution selecting "Advanced Search," searching "pollution prevention" as a keyword, and limiting your search to prevention" as a keyword, and limiting your search to the OPPTS Chemical Library.the OPPTS Chemical Library.

http://www.epa.gov/p2/

http://www.epa.gov/opptintr/library/index.htm

http://www.epa.gov/natlibra/ols.htm


EPA's framework for Pollution EPA's framework for Pollution Prevention Prevention

EPA's framework for Pollution EPA's framework for Pollution Prevention is divided into the Prevention is divided into the following five focus areas.following five focus areas.

1.1. A Guiding Social PrincipleA Guiding Social Principle 2.2. Sustainable Business PracticesSustainable Business Practices 3.3. Government ActionsGovernment Actions 4.4. Cleaner Technologies and ProcessesCleaner Technologies and Processes 5.5. Safe ProductsSafe Products


A Guiding Social Principle A Guiding Social Principle

United States environmental policy is based upon United States environmental policy is based upon the environmental management hierarchy, which the environmental management hierarchy, which directs us to prevent pollution in the first place, directs us to prevent pollution in the first place, whenever feasible. Educating industry and the whenever feasible. Educating industry and the general public to the virtues of prevention is general public to the virtues of prevention is necessary to change from a culture that tolerates necessary to change from a culture that tolerates pollution to a sustainable one which increasingly pollution to a sustainable one which increasingly eliminates pollution at the source. EPA's overall eliminates pollution at the source. EPA's overall objective is to promote source reduction as the objective is to promote source reduction as the core environmental ethic of society. More core environmental ethic of society. More specific objectives include the following: specific objectives include the following:


A Guiding Social Principle A Guiding Social Principle (cont.)(cont.)

• Foster prevention awareness across society, but especially Foster prevention awareness across society, but especially among our children.among our children.

• Engage the environmental, environmental justice, labor, Engage the environmental, environmental justice, labor, consumer, and other social sectors as partners in consumer, and other social sectors as partners in prevention.prevention.

• Promote P2 oriented community college and university Promote P2 oriented community college and university instruction, especially for technicians, engineers, scientists instruction, especially for technicians, engineers, scientists and business students who will be primary prevention and business students who will be primary prevention stewards.stewards.

• Partner with the public health community to demonstrate Partner with the public health community to demonstrate that "pollution prevention is disease prevention.“that "pollution prevention is disease prevention.“

• Champion prevention as the environmental principle of Champion prevention as the environmental principle of first choice in the internationalfirst choice in the international community. community.


Sustainable Business Practices Sustainable Business Practices

Although American industry and business Although American industry and business is responsible for much of the nation's is responsible for much of the nation's pollution, these same institutions are also pollution, these same institutions are also critical to prevent pollution in the future. critical to prevent pollution in the future. Industry, through eco-efficiency, Industry, through eco-efficiency, sustainable development and other sustainable development and other movements, should play a leadership role movements, should play a leadership role in pollution source reduction. EPA's in pollution source reduction. EPA's overall objective is to promote pollution overall objective is to promote pollution prevention approaches and techniques as prevention approaches and techniques as an essential part of how businesses an essential part of how businesses operate. More specific objectives include operate. More specific objectives include the following:the following:


Sustainable Business Practices Sustainable Business Practices (cont.)(cont.)

• Increase partnerships with industry to advance eco-Increase partnerships with industry to advance eco-efficiency and other approaches that shift businesses efficiency and other approaches that shift businesses "beyond compliance" and increase corporate environmental "beyond compliance" and increase corporate environmental stewardship and private sector P2 infrastructure.stewardship and private sector P2 infrastructure.

• Assist businesses to understand the full spectrum of their Assist businesses to understand the full spectrum of their environmental costs, and to integrate environmental factors environmental costs, and to integrate environmental factors into their corporate cost and materials accounting and into their corporate cost and materials accounting and decision-making processes.decision-making processes.

• Identify approaches and incentives to engage the larger Identify approaches and incentives to engage the larger financial sector (investment community, bankers, insurance financial sector (investment community, bankers, insurance underwriters, mutual fund managers, etc.) to support underwriters, mutual fund managers, etc.) to support prevention.prevention.

• Support government small business assistance programs, Support government small business assistance programs, who provide environmental information in a business who provide environmental information in a business context, to promote both source reduction and regulatory context, to promote both source reduction and regulatory compliance.compliance.

• Utilize the rapid growth of corporate environmental Utilize the rapid growth of corporate environmental management systems to promote prevention. management systems to promote prevention.


Government Actions Government Actions

This priority area will continue to be This priority area will continue to be the EPA's primary focus of pollution the EPA's primary focus of pollution prevention activity. EPA's overall prevention activity. EPA's overall objective is to integrate P2 into its objective is to integrate P2 into its regulatory and other mainstream regulatory and other mainstream programs, so it truly becomes the programs, so it truly becomes the Agency's "principle of first choice" in Agency's "principle of first choice" in all its endeavors. More specific all its endeavors. More specific objectives include the following:objectives include the following:


Government Actions (cont.)Government Actions (cont.)• Incorporate multi-media, prevention approaches or alternatives Incorporate multi-media, prevention approaches or alternatives

into key EPA rules, permitting, and compliance assistance into key EPA rules, permitting, and compliance assistance activities, and through regulatory enforcement efforts such as activities, and through regulatory enforcement efforts such as supplemental environmental projects.supplemental environmental projects.

• Target the top industrial polluters, and the worst pollutants, for Target the top industrial polluters, and the worst pollutants, for special federal, state, tribal actions and private sector initiatives special federal, state, tribal actions and private sector initiatives to promote pollution prevention.to promote pollution prevention.

• Promote integration of P2 approaches in state regulatory Promote integration of P2 approaches in state regulatory programs, both through traditional media program state grants, programs, both through traditional media program state grants, and through the new Performance Partnership Agreements and and through the new Performance Partnership Agreements and Grants under the National Environmental Performance Grants under the National Environmental Performance Partnership System (NEPPS) withPartnership System (NEPPS) withthe states.the states.

• Improve the quality and quantity of P2 information and assistance Improve the quality and quantity of P2 information and assistance available to state and tribal P2 Programs.available to state and tribal P2 Programs.

• Promote P2 in new Agency programs, especially those Promote P2 in new Agency programs, especially those undertaken to "reinvent" EPA activities or advance key undertaken to "reinvent" EPA activities or advance key Administrative initiatives, such as those to protect children's Administrative initiatives, such as those to protect children's health, improve urban environmental quality, and foster health, improve urban environmental quality, and foster environmental justice. environmental justice.


Cleaner Technologies and Cleaner Technologies and Processes Processes

Industry can hardly abandon standard Industry can hardly abandon standard chemical use and production processes chemical use and production processes without preferable and reliable options, without preferable and reliable options, and EPA, along with other agencies of the and EPA, along with other agencies of the Federal government, has helped to identify Federal government, has helped to identify some innovative and successful some innovative and successful alternatives. EPA's overall objective is to alternatives. EPA's overall objective is to help companies continuously identify and help companies continuously identify and apply cleaner technologies and practices. apply cleaner technologies and practices. More specific objectives include the More specific objectives include the following:following:


Cleaner Technologies and Cleaner Technologies and Processes (cont.)Processes (cont.)

• Help industry make more informed environmental Help industry make more informed environmental decisions about the use of alternative chemicals, decisions about the use of alternative chemicals, processes, and technologies to prevent pollution.processes, and technologies to prevent pollution.

• Foster chemical methods that reduce or eliminate the use Foster chemical methods that reduce or eliminate the use or generation of toxic substance during the design, or generation of toxic substance during the design, manufacture and use of chemical products and processes.manufacture and use of chemical products and processes.

• Identify and reduce risks to human health and the Identify and reduce risks to human health and the environment from existing and future exposure to priority environment from existing and future exposure to priority persistent, bioaccumulative and toxic chemicals (PBTs) in persistent, bioaccumulative and toxic chemicals (PBTs) in particular.particular.

• Develop new P2 tools which increase the understanding Develop new P2 tools which increase the understanding and use of important P2 concepts, such as life-cycle and use of important P2 concepts, such as life-cycle assessment.assessment.


Cleaner Technologies and Cleaner Technologies and Processes (cont.)Processes (cont.)

• Bring the influence of compliance and regulatory Bring the influence of compliance and regulatory enforcement to bear on new prevention enforcement to bear on new prevention technology development and application.technology development and application.

• Increase collaboration with other federal Increase collaboration with other federal agencies, such as the Departments of Energy, agencies, such as the Departments of Energy, Commerce, and Defense, in the development and Commerce, and Defense, in the development and dissemination of P2 technology.dissemination of P2 technology.

• Promote P2 assessment methodologies that Promote P2 assessment methodologies that enable firms to make more informed and enable firms to make more informed and independent decisions about hazardous chemical independent decisions about hazardous chemical use when there is very limited data on risk. use when there is very limited data on risk.


Safe Products Safe Products

Although toxic emissions are decreasing, Although toxic emissions are decreasing, the creation and use of toxics in American the creation and use of toxics in American society is on the rise -- and the source of society is on the rise -- and the source of these increased toxics is often the these increased toxics is often the products we use. Consumers have a right products we use. Consumers have a right to know what chemicals are in the to know what chemicals are in the products and services they purchase, and products and services they purchase, and the hazards associated with those the hazards associated with those chemicals. EPA's overall objective is to chemicals. EPA's overall objective is to ensure safe consumer products and ensure safe consumer products and services. More specific objectives include services. More specific objectives include the following:the following:


Safe Products (cont.)Safe Products (cont.)• Make information about hazardous chemicals Make information about hazardous chemicals

more widely available to the public.more widely available to the public.• Foster P2, empower consumer choice, and Foster P2, empower consumer choice, and

improve consumer understanding of safe use, improve consumer understanding of safe use, environmental, and health information on environmental, and health information on household consumer product labels.household consumer product labels.

• Provide Federal leadership through Provide Federal leadership through environmentally preferable procurement and environmentally preferable procurement and other administrative processes, with EPA other administrative processes, with EPA "leading by example.""leading by example."

• Establish a foundation of Federal policy in Establish a foundation of Federal policy in defining environmentally preferable products for defining environmentally preferable products for our society, with a particular emphasis on our society, with a particular emphasis on protecting children's health. protecting children's health.


Programs and InitiativesPrograms and Initiatives

• EPA's Persistent, Bioaccumulative, EPA's Persistent, Bioaccumulative, and Toxic (PBT) Strategy and Toxic (PBT) Strategy

• Green Products Green Products • Business PracticesBusiness Practices• Design for Environment (DfE) & Design for Environment (DfE) &

Green Chemistry Green Chemistry • P2 GrantsP2 Grants


Forum on State and Tribal Toxics Forum on State and Tribal Toxics

Action Pollution Prevention ProjectAction Pollution Prevention Project • EPA created the Forum on State and EPA created the Forum on State and

Tribal Toxics Action (FOSTTA) in 1991 in Tribal Toxics Action (FOSTTA) in 1991 in an effort to improve communication with an effort to improve communication with states and tribes. The forum expanded to states and tribes. The forum expanded to include the FOSTTA Pollution Prevention include the FOSTTA Pollution Prevention (P2) Project in order to secure the counsel (P2) Project in order to secure the counsel of senior state and tribal officials with an of senior state and tribal officials with an interest in and knowledge of pollution interest in and knowledge of pollution prevention issues and programs to help prevention issues and programs to help guide P2 activities in the EPA. guide P2 activities in the EPA.


Persistent, Bioaccumulative, Persistent, Bioaccumulative, and Toxic Pollutants (BPT)and Toxic Pollutants (BPT)

The EPA is forging a new approach to The EPA is forging a new approach to reduce risks from and exposures to reduce risks from and exposures to priority PBT chemicals through priority PBT chemicals through increased coordination among EPA increased coordination among EPA national and regional programs. This national and regional programs. This PBT initiative has been established to PBT initiative has been established to overcome the remaining challenges in overcome the remaining challenges in addressing priority PBT pollutants. EPA addressing priority PBT pollutants. EPA is committing, through this program, to is committing, through this program, to create an enduring cross-office system create an enduring cross-office system that will address the cross-media issues that will address the cross-media issues associated with priority PBT pollutants.associated with priority PBT pollutants.


Persistent, Bioaccumulative, Persistent, Bioaccumulative, and Toxic Pollutants (BPT)and Toxic Pollutants (BPT)

• aldrin/dieldrinaldrin/dieldrin • mercury and its comercury and its co

mpoundsmpounds

• benzo(a)pyrene benzo(a)pyrene • mirex mirex • chlordane chlordane • octachlorostyrene octachlorostyrene

• DDT, DDP, DDE DDT, DDP, DDE • PCBs PCBs • hexachlorobenzene hexachlorobenzene • dioxins and furans dioxins and furans • alkyl-lead alkyl-lead • toxaphenetoxaphene

http://www.epa.gov/pbt/aldrin.htm

http://www.epa.gov/pbt/mercury.htm

http://www.epa.gov/pbt/mercury.htm


National Action Plans National Action Plans • Mercury and Compounds - DraftMercury and Compounds - Draft

Comments under review. Comments under review.• Hexachlorobenzene - DraftHexachlorobenzene - Draft

The comment period closed. The The comment period closed. The final plan is in development. final plan is in development.

• PCBs - PCBs - Draft in developmentDraft in development • Alkyl-Lead - DraftAlkyl-Lead - Draft

The Federal Register Notice The Federal Register Notice announcing the Alkyl-lead announcing the Alkyl-lead National Action Plan published National Action Plan published August 25, 2000.August 25, 2000.

• Octachlorostyrene - DraftOctachlorostyrene - DraftThe Federal Register Notice of The Federal Register Notice of August 25, 2000 announced of August 25, 2000 announced of the draft Octachlorostyrene the draft Octachlorostyrene National Action Plan for public National Action Plan for public review and commentreview and comment

• Octachlorostyrene - DraftOctachlorostyrene - DraftThe Federal Register Notice of The Federal Register Notice of August 25, 2000 announced draft August 25, 2000 announced draft availability of the Octachloro-availability of the Octachloro-styrene National Action Plan for styrene National Action Plan for public review and commentpublic review and comment

• Aldrin/Dieldrin, Chlordane, DDT, Aldrin/Dieldrin, Chlordane, DDT, Mirex, and Toxaphene are all Mirex, and Toxaphene are all currently listed under the currently listed under the Pesticides Action Plan - DraftPesticides Action Plan - DraftThe Federal Register notices for The Federal Register notices for Pesticides were published on Pesticides were published on November 1, 2000. Comments November 1, 2000. Comments are under review. Final plan is in are under review. Final plan is in development. Benzo(a)pyrene - development. Benzo(a)pyrene - Draft in developmentDraft in development


What is the PBT What is the PBT Profiler?Profiler?

The PBT Profiler is an assessment tool that The PBT Profiler is an assessment tool that estimates environmental persistence (P), estimates environmental persistence (P), bioconcentration potential (B), and aquatic bioconcentration potential (B), and aquatic toxicity (T) of discrete chemicals based on their toxicity (T) of discrete chemicals based on their molecular structure. It is Internet-based and molecular structure. It is Internet-based and there is no cost for use. The user enters a there is no cost for use. The user enters a chemical using the Chemical Abstract Service chemical using the Chemical Abstract Service Registry Number (CASRN) . If the chemical is in Registry Number (CASRN) . If the chemical is in the accompanying database of more than the accompanying database of more than 100,000 chemicals, the structure is retrieved and 100,000 chemicals, the structure is retrieved and entered into the model. A drawing program is entered into the model. A drawing program is also available so that the user can draw and also available so that the user can draw and enter the structure or the structure can be enter the structure or the structure can be entered as a line notation using the Simplified entered as a line notation using the Simplified Molecular Input Line Entry System (SMILES). Molecular Input Line Entry System (SMILES).


What does the PBT Profiler What does the PBT Profiler do?do?

The model compares results with the PBT The model compares results with the PBT criteria established for Premanufacture Notices criteria established for Premanufacture Notices (PMNs) submitted under section 5 of TSCA; and (PMNs) submitted under section 5 of TSCA; and the final rule for reporting chemicals under the the final rule for reporting chemicals under the Toxic Chemical Release Inventory (TRI), under Toxic Chemical Release Inventory (TRI), under section 313 of the Emergency Planning and section 313 of the Emergency Planning and Community Right-to-Know Act (EPCRA). Results Community Right-to-Know Act (EPCRA). Results are dis-played in three levels of detail, with the are dis-played in three levels of detail, with the most com-prehensive being information useful most com-prehensive being information useful for manage-ment of any potential risks for manage-ment of any potential risks associated with the chemical.associated with the chemical.

july 2000environmental law pollution prevention act (1990) 42 u.s.c. 13101 and 13102, § et seq....

Documents

source reduction program

environmental law title

pollution control

feasible pollution

pollution prevention

policy afindings

policy b policy

national policy