The Tools of Prevention: Opportunities for Promoting Pollution Prevention Under Federal Environmental Legislation
By Bradley C. Bobertz
INTRODUCTION
The Pollution Prevention Act of 1990 established a clear national policy that pollution should be prevented or reduced at the source whenever possible. Recently, the U.S Environmental Protection Agency (EPA) has shown increasing interest in implementing this policy through a pollution prevention program that moves beyond the Agency's initial attempts to encourage voluntary actions by industry. Yet the EPA has only begun to explore its options for encouraging pollution prevention in the industrial sector. This article undertakes a fresh consideration of the EPA's statutory authority and identifies numerous opportunities for promoting industrial pollution prevention. The article focuses principally on the Clean Water Act and the Resource Conservation and Recovery Act of 1976 (RCRA), two statutes currently under consideration for congressional reauthorization. Analysis of these laws reveals that the major barriers to pollution prevention are not statutory in origin. Both the Clean Water Act and RCRA—without significant revision—provide substantial authority for promoting pollution prevention using a variety of regulatory approaches.
This article explores opportunities for promoting industrial pollution prevention in four categories of government action. Part I discusses direct regulatory action, such as banning the discharge of highly toxic pollutants, requiring firms to implement pollution prevention plans and incorporating best management practices as conditions of permits. Part II discusses standard-setting initiatives, such as developing technology-based performance standards based on preventive technologies and practices. Part III discusses the use of incentives, including direct economic incentives like discharge fees and allowance trading, as well as government purchasing policies and regulatory incentives. Finally, part IV discusses information management and outreach initiatives, such as measuring progress in pollution prevention, publicizing performance and providing technical assistance.
The Pollution Prevention Act of 1990 established a clear national policy that pollution should be prevented or reduced at the source whenever possible. Recently, the U.S Environmental Protection Agency (EPA) has shown increasing interest in implementing this policy through a pollution prevention program that moves beyond the Agency's initial attempts to encourage voluntary actions by industry. Yet the EPA has only begun to explore its options for encouraging pollution prevention in the industrial sector. This article undertakes a fresh consideration of the EPA's statutory authority and identifies numerous opportunities for promoting industrial pollution prevention. The article focuses principally on the Clean Water Act and the Resource Conservation and Recovery Act of 1976 (RCRA), two statutes currently under consideration for congressional reauthorization. Analysis of these laws reveals that the major barriers to pollution prevention are not statutory in origin. Both the Clean Water Act and RCRA—without significant revision—provide substantial authority for promoting pollution prevention using a variety of regulatory approaches.
This article explores opportunities for promoting industrial pollution prevention in four categories of government action. Part I discusses direct regulatory action, such as banning the discharge of highly toxic pollutants, requiring firms to implement pollution prevention plans and incorporating best management practices as conditions of permits. Part II discusses standard-setting initiatives, such as developing technology-based performance standards based on preventive technologies and practices. Part III discusses the use of incentives, including direct economic incentives like discharge fees and allowance trading, as well as government purchasing policies and regulatory incentives. Finally, part IV discusses information management and outreach initiatives, such as measuring progress in pollution prevention, publicizing performance and providing technical assistance.
