Regulatory Barriers to Pollution Prevention: A Position Paper of the Implementation Council of the American Institute for Pollution Prevention

Abstract

Pollution prevention/waste minimization is a win-win-win situation for government, industry, and the public, which offers more than just protection of the environment for all. Industry gains from reduced capital and operating costs, reduced liabilities, cleaner and safer working conditions, conservation of energy and material resources, and the opportunity for government and industry to work together in a cooperative manner. However, a number of regulatory barriers exist which discourage pollution prevention/waste minimization. This paper provides examples from the aluminum, chemical, petroleum, and wood treating industries of how these regulatory barriers become disincentives. To promote pollution prevention/waste minimization, Congress and the U.S. EPA need to reexamine those RCRA provisions which support a command and control strategy that creates the barriers. The barriers include the distinction between value and valueless materials, offsite storage requirements prior to reuse/recycle, the “Derived from Rule”, the “Burning for Fuel Rule”, land ban technology standards, and RD&D restrictions. A new RCRA Pollution Prevention/Waste Minimization subtitle is proposed to eliminate or minimize these barriers.