Attachment A - Pollution Prevention Act Section 6604(b)(5), 42 U.S.C. 13103(b)(5)

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

Sec.

13108.
13109.

Savings provisions.
Authorization of appropriations.

§ 13101. Findings and policy
(a) Findings
The Congress finds that:
(1) The United States of America annually
produces millions of tons of pollution and
spends tens of billions of dollars per year 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 treatment
and disposal, rather than source reduction; existing regulations do not emphasize multimedia management of pollution; and businesses need information and technical assistance to overcome institutional barriers to the
adoption of source reduction practices.
(4) Source reduction is fundamentally different and more desirable than waste management and pollution control. The Environmental Protection Agency needs to address
the historical lack of attention to source reduction.
(5) As a first step in preventing pollution
through source reduction, the Environmental
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 chapter.
(b) Policy
The Congress hereby declares it to be the national policy of the United States that pollution
should be prevented or reduced at the source
whenever feasible; pollution that cannot be prevented should be recycled in an environmentally
safe manner, whenever feasible; pollution that
cannot be prevented or recycled should be treated in an environmentally safe manner whenever
feasible; and disposal or other release into the
environment should be employed only as a last
resort and should be conducted in an environmentally safe manner.
(Pub. L. 101–508, title VI, § 6602, Nov. 5, 1990, 104
Stat. 1388–321.)
REFERENCES IN TEXT
This chapter, referred to in subsec. (a)(5), was in the
original ‘‘this subtitle’’, meaning subtitle F (§§ 6501,
6601–6610) of title VI, Pub. L. 101–508, which is classified
generally to this chapter. For complete classification
of subtitle F to the Code, see Short Title note below
and Tables.
SHORT TITLE
Section 6601 of Pub. L. 101–508 provided that: ‘‘This
subtitle [subtitle F (§§ 6501, 6601–6610) of title VI of Pub.
L. 101–508, enacting this chapter and section 4370c of

§ 13103

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

§ 13102. Definitions
For purposes of this chapter—
(1) The term ‘‘Administrator’’ means the Administrator of the Environmental Protection
Agency.
(2) The term ‘‘Agency’’ means the Environmental Protection Agency.
(3) The term ‘‘toxic chemical’’ means any
substance on the list described in section
11023(c) of this title.
(4) The term ‘‘release’’ has the same meaning as provided by section 11049(8) of this title.
(5)(A) The term ‘‘source reduction’’ means
any practice which—
(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 physical,
chemical, or biological characteristics or the
volume of a hazardous substance, pollutant, 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.
(6) The term ‘‘multi-media’’ means water,
air, and land.
(7) The term ‘‘SIC codes’’ refers to the 2digit code numbers used for classification of
economic activity in the Standard Industrial
Classification Manual.
(Pub. L. 101–508, title VI, § 6603, Nov. 5, 1990, 104
Stat. 1388–321.)
§ 13103. EPA activities
(a) Authorities
The Administrator shall establish in the Agency an office to carry out the functions of the Administrator under this chapter. The office shall
be independent of the Agency’s single-medium
program offices but shall have the authority to
review and advise such offices on their activities
to promote a multi-media approach to source reduction. The office shall be under the direction
of such officer of the Agency as the Administrator shall designate.
(b) Functions
The Administrator shall develop and implement a strategy to 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

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TITLE 42—THE PUBLIC HEALTH AND WELFARE

source reduction efforts and shall review regulations of the Agency prior and subsequent to
their proposal to determine their effect on
source reduction;
(3) coordinate source reduction activities in
each Agency Office 1 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 applicability;
(4) develop improved methods of coordinating, streamlining and assuring public access to data collected under Federal environmental statutes;
(5) facilitate the adoption of source reduction techniques by businesses. This strategy
shall include the use of the Source Reduction
Clearinghouse and State matching grants provided in this chapter to foster the exchange of
information regarding source reduction techniques, the dissemination of such information
to businesses, and the provision of technical
assistance to businesses. The strategy shall
also consider the capabilities of various businesses to make use of source reduction techniques;
(6) identify, where appropriate, measurable
goals which reflect the policy of this chapter,
the tasks necessary to achieve the goals, dates
at which the principal tasks are to be accomplished, required resources, organizational responsibilities, and the means by which
progress in meeting the goals will be measured;
(8) 2 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;
(9) establish a training program on source
reduction opportunities, including workshops
and guidance documents, for State and Federal permit issuance, enforcement, and inspection officials working within all agency program offices.3
(10) identify and make recommendations to
Congress to eliminate barriers to source reduction including the use of incentives and
disincentives;
(11) identify opportunities to use Federal
procurement to encourage source reduction;
(12) develop, test and disseminate model
source reduction auditing procedures designed
to highlight source reduction opportunities;
and
(13) establish an annual award program to
recognize a company or companies which operate outstanding or innovative source reduction programs.
(Pub. L. 101–508, title VI, § 6604, Nov. 5, 1990, 104
Stat. 1388–322.)
§ 13104. Grants to States for State technical assistance programs
(a) General authority
The Administrator shall make matching
grants to States for programs to promote the
1 So

in original. Probably should not be capitalized.
in original. Subsec. (b) enacted without a par. (7).
3 So in original. The period probably should be a semicolon.

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use of source reduction techniques by businesses.
(b) Criteria
When evaluating the requests for grants under
this section, the Administrator shall consider,
among other things, whether the proposed State
program would accomplish the following:
(1) Make specific technical assistance available to businesses seeking information about
source reduction opportunities, including
funding for experts to provide onsite technical
advice to business 1 seeking assistance and to
assist in the development of source reduction
plans.
(2) Target assistance to businesses for whom
lack of information is an impediment to
source reduction.
(3) Provide training in source reduction
techniques. Such training may be provided
through local engineering schools or any other
appropriate means.
(c) Matching funds
Federal funds used in any State program
under this section shall provide no more than 50
per centum of the funds made available to a
State in each year of that State’s participation
in the program.
(d) Effectiveness
The Administrator shall establish appropriate
means for measuring the effectiveness of the
State grants made under this section in promoting the use of source reduction techniques by
businesses.
(e) Information
States receiving grants under this section
shall make information generated under the
grants available to the Administrator.
(Pub. L. 101–508, title VI, § 6605, Nov. 5, 1990, 104
Stat. 1388–323.)
§ 13105. Source Reduction Clearinghouse
(a) Authority
The Administrator shall establish a Source
Reduction Clearinghouse to compile information including a computer data base which contains information on management, 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 adoption of source reduction technologies; and
(3) collect and compile information reported
by States receiving grants under section 13104
of this title on the operation and success of
State source reduction programs.
(b) Public availability
The Administrator shall make available to the
public such information on source reduction as
is gathered pursuant to this chapter and such
other pertinent information and analysis regarding source reduction as may be available to

2 So

1 So

in original. Probably should be ‘‘businesses’’.