The Pollution Prevention Act of 1990: A Policy Whose Time Has Come or Symbolic Legislation?

/ In 1990, the United States officially entered the era of pollution prevention with passage of the Pollution Prevention Act. This paper analyzes EPA's implementation of the Pollution Prevention Act from its passage in 1990 to the present. It examines the barriers EPA must overcome if it is to effectively integrate pollution prevention into its existing regulatory structure, including impediments created by statutory and organizational structure, the existing relationship between EPA and the groups it regulates, the fragmented implementation scheme of national environmental regulation, the balancing of conflicting demands advanced by powerful interests, industry's economic and technical concerns, and institutional inertia. It also examines issues such as industry commitment, the limits of prevention, and measurement concerns. The findings suggest that EPA's efforts at shifting to a pollution prevention regulatory ethic that holds primacy over pollution control are mixed. Its organizational structure, statutory authority, and incentives system still reflect a single-medium pollution control focus, appropriations for pollution prevention programs and activities are paltry compared to traditional pollution control programs, and participation in the program is voluntary. Yet, the findings also point to some promising programs that are working to institutionalize a pollution prevention regulatory ethic, and many states appear very committed to the concept.KEY WORDS: Pollution prevention; Source reduction; Pollution control; Alternative regulatory design; Barriers to implementation