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Pollution Prevention Act

42 U.S.C. §13101-13109

Statute Outline:

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Policy

The statute declares a national policy of preventing or reducing pollution at the source whenever feasible. Environmentally safe recycling should be an alternative when prevention is not possible, and environmentally safe treatment should be an alternative when neither prevention nor recycling is possible. Disposal or release should be a last resort. [42 U.S.C. §13101(b)]

Promotion of source reduction

The statute directs the Administrator of the U.S. Environmental Protection Agency (EPA) to establish an office to promote multi-media approaches to source reduction. [42 U.S.C. §13103(a)] The statute directs EPA to develop and implement a strategy to promote source reduction that includes reviewing EPA regulations before and after proposal to determine their effect on source reduction, promoting source reduction by other federal agencies, developing improved methods to streamline and assure public access to data collected under federal environmental statutes, and facilitating adoption of source reduction techniques by business. [42 U.S.C. §13103(b)]

Grants

The statute directs EPA to make matching grants to states for programs to promote the use of source reduction techniques by businesses. [42 U.S.C. §13104(a)]

Source Reduction Clearinghouse

The statute requires EPA to establish a Source Reduction Clearinghouse to serve as a center for source reduction technology transfer, to mount state outreach and education programs, and to collect and compile information reported by states receiving grants. [42 U.S.C. §13105(a)]

Reporting

The statute requires each owner or operator of a facility required to file an annual toxic chemical release form under §313 of the Emergency Planning and Community Right-To-Know Act to include with each annual filing a toxic chemical source reduction and recycling report for the preceding calendar year. [42 U.S.C. §13106(a)] For each reported toxic chemical, the report shall include the quantity of the chemical entering the waste stream prior to recycling, treatment, or disposal; the amount of the chemical treated; the amount of the chemical recycled and the process used; the source reduction practices used with respect to the chemical; the amount of the chemical expected to be reported during the next two years; the techniques used to identify source reduction techniques; and the amount of any toxic chemical released into the environment as the result of a catastrophic event. [42 U.S.C. §13106(b)]

The statute requires EPA to report biennially to Congress on actions to implement the strategy to promote source reduction. [42 U.S.C. §13107(a)] The report shall include an industry-by-industry analysis of data collected under §13106, the identity of regulatory and nonregulatory barriers to source reduction, recommendations on incentives to encourage investment and research and development in source reduction, an evaluation of the cost and technical feasibility of source reduction opportunities, and an evaluation of methods to improve public access to data collected under federal environmental statutes. [42 U.S.C. §13107(b)]

Full Statute:

The statute is available from the U.S. Government Publishing Office: https://www.gpo.gov/fdsys/pkg/USCODE-2017-title42/html/USCODE-2017-title42-chap133.htm