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Regulatory Development 55
national policy for waste management and directed the EPA to conduct activities aimed at prevent-
ing the generation of pollutants, rather than managing them after they are created. The Pollution
Prevention Act focused industry, government, and public attention on reducing the amount of pol-
lution through cost-effective changes in production, operation, and raw materials use.
Matching grants were authorized for states to establish technical assistance programs for busi-
nesses, and the EPA was directed to establish a Source Reduction Clearinghouse to disseminate
information. The Act also imposed new reporting requirements on industry. Firms that were required
to file an annual toxic chemical release form under the Emergency Planning and Community Right-
to-Know Act of 1986, must also file a report detailing their source reduction and recycling efforts
over the previous year.
3.3.5 INDIAN LANDS OPEN DUMP CLEANUP ACT
Public Law 103-399, The Indian Lands Open Dump Cleanup Act of 1994, acknowledged concerns
that solid waste open dump sites located on American Indian or Alaskan native lands threatened the
health and safety of local residents. The purpose of the Act was to identify the location of open
dumps on Indian lands, assess the health and environmental hazards posed by those sites, and pro-
vide financial and technical assistance to Indian tribal governments to close such dumps in compli-
ance with Federal regulations or standards promulgated by tribal governments or native entities
(U.S. EPA, 1998).
The Act required the Director of the Indian Health Service (IHS) to develop an inventory of all
open dump sites on Indian lands. In addition, the IHS was to submit annual reports to Congress indi-
cating a priority for addressing waste management deficiencies and progress made in addressing
those needs. The Act also called for the IHS to identify the level of funding necessary to bring those
open dump sites into compliance with all regulations and to develop comprehensive waste man-
agement plans for every tribal entity.
According to the IHS, prior to the law’s enactment, only two of more than 600 waste dumps on
Indian lands met current U.S. EPA regulations.
3.3.6 MERCURY-CONTAINING AND RECHARGEABLE BATTERY MANAGEMENT ACT
The Mercury-Containing and Rechargeable Battery Management Act of 1996 (Battery Act) (P.L.
104–142) was enacted in 1996 to phase out the use of mercury in batteries, and to provide for the
efficient and cost-effective disposal of used nickel-cadmium batteries, used small sealed lead-acid
batteries, and certain other regulated batteries. The act applies to battery and product manufactur-
ers, battery waste handlers, and certain battery and product importers and retailers. The law also
places uniform national labeling requirements on regulated batteries and rechargeable consumer
products and encourages battery recycling programs.
Additionally, the collection, storage, and transportation of used rechargeable batteries, used con-
sumer products containing batteries that are not easily removable, and certain other batteries are sub-
ject to regulation under the Universal Waste Rule (60 F.R. 25492) (see Chapter 18). The rule applies to
battery and product manufacturers, battery waste handlers, and certain battery and product importers
and retailers. Other types of batteries not covered by the Battery Act, such as the larger lead-acid bat-
teries found in automobiles, trucks, and other equipment, are regulated as universal wastes under the
RCRA hazardous waste regulations, 40 CFR Subpart 273 (U.S. EPA, 2003b).
3.4 RELATIONSHIP OF RCRA WITH OTHER ENVIRONMENTAL STATUTES
RCRA is only one of the several federal regulatory programs in place to protect environmental qual-
ity. The RCRA regulations work in concert with other environmental statutes such as the Clean Air
Act (CAA); the Clean Water Act (CWA); the Emergency Planning and Community Right-to-Know