---
kind: "range"
citation: "40 C.F.R. §§ 35.660–35.669"
title: "40"
from: "35.660"
to: "35.669"
count: 6
url: "https://uscodex.org/cfr/40/35.660..35.669"
---

# §35.660. Purpose.

- (a) **Purpose of section.** [Sections 35.660 through 35.669](/cfr/40/35.660..35.669.md) govern grants to Tribes and Intertribal Consortia under [section 6605](/cfr/40/6605.md) of the Pollution Prevention Act.
- (b) **Purpose of program.** Pollution Prevention Grants are awarded to promote the use of source reduction techniques by businesses.

# §35.661. Competitive process.


EPA Regions award Pollution Prevention Grant funds to Tribes and Intertribal Consortia through a competitive process in accordance with EPA guidance. When evaluating a Tribe's or Intertribal Consortium's application, EPA must consider, among other criteria, whether the proposed program would:

- (a) Make specific technical assistance available to businesses seeking information about source reduction opportunities, including funding for experts to provide onsite technical advice to businesses seeking assistance in the development of source reduction plans;
- (b) Target assistance to businesses for whom lack of information is an impediment to source reduction; and
- (c) **Provide training in source reduction techniques.** Such training may be provided through local engineering schools or other appropriate means.

# §35.662. Definitions.


The following definition applies to the Pollution Prevention Grant program and to [§§ 35.660 through 35.669](/cfr/40/35.660..35.669.md):

- (a) **Pollution prevention/source reduction is any practice that—**
  - (1) Reduces the amount of any hazardous substance, pollutant, or contaminant entering any waste stream or otherwise released into the environment (including fugitive emissions) prior to recycling, treatment, or disposal;
  - (2) Reduces the hazards to public health and the environment associated with the release of such substances, pollutants, or contaminants; or
  - (3) **Reduces or eliminates the creation of pollutants through—**
    - (i) Increased efficiency in the use of raw materials, energy, water, or other resources; or
    - (ii) **Protection of national resources by conservation.**
- (b) Pollution prevention/source reduction does not include any practice which alters the physical, chemical, or biological characteristics or the volume of a hazardous substance, pollutant, or contaminant through a process or activity which itself is not integral to and necessary for the production of a product or the providing of a service.

# §35.663. Eligible recipients.

- (a) The Regional Administrator will treat a Tribe or Intertribal Consortium as eligible to apply for a Pollution Prevention Grant if the Tribe or each member of the Intertribal Consortium:
  - (1) Is recognized by the Secretary of the Interior;
  - (2) Has an existing government exercising substantial governmental duties and powers;
  - (3) Has adequate authority to carry out the grant activities; and
  - (4) Is reasonably expected to be capable, in the Regional Administrator's judgment, of administering the grant program.
- (b) If the Administrator has previously determined that an Indian Tribe has met the prerequisites in paragraphs [(a)(1)](#a-1) and [(2)](#a-2) of this section for another EPA program, the Tribe need provide only that information unique to the Pollution Prevention Grants program required by paragraphs (b)(3) and (4) of this section.

# §35.668. Award limitation.


If the Pollution Prevention Grant funds are included in a Performance Partnership Grant, the Pollution Prevention work plan commitments must be included in the Performance Partnership Grant work plan.


# §35.669. Maximum federal share.


The federal share for Pollution Prevention Grants will not exceed 50 percent of the allowable Tribe and Intertribal Consortium Pollution Prevention project cost.