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Publication #FE768

 

The Florida Agricultural Handbook of Solid and Hazardous Waste Regulation: Pollution Prevention Act (PPA)1

Michael T. Olexa and Ian Goldfarb2

What is the Pollution Prevention Act (PPA)?

The primary purpose of the Pollution Prevention Act (PPA) is to discourage the disposal of recyclable toxic substances. Under this statute, the Environmental Protection Agency (EPA) conducts a yearly audit of the major users of toxic substances and producers of toxic wastes. The purpose of the audit is to determine

  • whether there are better and less environmentally damaging ways to complete the task without use of toxic substances;

  • whether there are ways to minimize the production of toxic wastes;

  • whether there are ways to recycle the toxic substances or the containers of toxic substances.

Who is regulated under PPA?

Those regulated by the Pollution Prevention Act (PPA) include the following:

  • people or businesses using more than 10,000 pounds of any toxic substance per year

  • people or businesses producing more than 25,000 pounds of toxic wastes per year

The statute requires an annual report to EPA concerning the use and production of toxic substances and wastes. The forms require the following information:

  • the quantity of chemical entering any waste stream prior to recycling, treatment, or disposal during the calendar year

  • the amount of chemical that is recycled during the calendar year

  • the amount of toxic chemical released into the environment due to a catastrophic event or remedial action

  • the techniques used to identify source reduction opportunities

  • the amount of chemical from the facility that has been treated during the calendar year

  • source reduction practices for that chemical for the previous year

EPA cannot delegate this responsibility to the states. Thus you must report directly to EPA if this law affects you. Since toxic substances may include gasoline in underground storage tanks, pesticides, oil, et cetera, farmers are encouraged to contact EPA to see whether they fall under the requirements.

What farm pollution prevention techniques are prescribed by EPA?

In the agricultural sector, pollution prevention techniques include

  • reducing the use of water and chemical inputs;

  • adopting less environmentally harmful pesticides;

  • cultivating crop strains with natural resistance to pests;

  • protecting sensitive areas.

Footnotes

1.

This is EDIS document FE768, a publication of the Food and Resource Economics Department, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL. Published November 2008. Please visit the EDIS website at http://edis.ifas.ufl.edu.

Disclaimer: This handbook is distributed with the understanding that the authors are not engaged in rendering legal or other professional advice and that the information contained herein should not be regarded or relied upon as a substitute for professional advice. This handbook is not all-inclusive in providing information to achieve compliance with laws and regulations governing the practice of agriculture. For these reasons, using these materials constitutes an agreement to hold harmless the authors, the Center for Agricultural and Natural Resource Law, the Institute of Food and Agricultural Sciences, and the University of Florida for any liability claims, damages, or expenses that may be incurred by any person or party as a result of reference to or reliance upon the information contained in this handbook.

2.

Michael T. Olexa, professor, Food and Resource Economics Department; director, Center for Agricultural and Natural Resource Law, Florida Cooperative Extension Service, Institute of Food and Agricultural Sciences, University of Florida, Gainesville, FL; and member, Florida Bar and Agricultural Law Committee of the Florida Bar; and Ian Goldfarb, graduate student, Levin College of Law and Hough Graduate School of Business, University of Florida, Gainesville, FL.

The Institute of Food and Agricultural Sciences (IFAS) is an Equal Opportunity Institution authorized to provide research, educational information and other services only to individuals and institutions that function with non-discrimination with respect to race, creed, color, religion, age, disability, sex, sexual orientation, marital status, national origin, political opinions or affiliations. For more information on obtaining other extension publications, contact your county Cooperative Extension service.

U.S. Department of Agriculture, Cooperative Extension Service, University of Florida, IFAS, Florida A. & M. University Cooperative Extension Program, and Boards of County Commissioners Cooperating. Nick T. Place, Dean.