RAPID/Roadmap/18

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RAPID

Regulatory and Permitting Information Desktop Toolkit

Geothermal Waste and Hazardous Material Assessment Process (18)

The use of underground and above ground storage tanks, discovery of waste at a site or the production of waste by a project may trigger the requirement for additional permits.


Waste and Hazardous Material Assessment Process Process

18.1 to 18.2 – Will the Project Require Use of an Underground Storage Tank?

If the project will require the use of an underground storage tank to store petroleum or hazardous substances, the project will need an underground storage tank permit from the authorized state agency.

Alaska

In Alaska, geothermal developers may need an Underground Storage Tank Permit from the Alaska Department of Environmental Conservation. For more information, see: Underground Storage Tank Permit:
18-AK-a

Colorado

In Colorado, geothermal developers may need an Underground Storage Tank Permit from the Colorado Department of Labor and Employment. For more information, see: Underground Storage Tank Permit:
18-CO-a

Hawaii

In Hawaii, geothermal developers may need an Underground Storage Tank Permit from the Hawaii Department of Health Solid and Hazardous Waste Branch. For more information, see: Underground Storage Tank Permit:
18-HI-a

Idaho

In Idaho, geothermal developers may need an Underground Storage Tank Permit from the Idaho Department of Environmental Quality. For more information, see: Underground Storage Tank Permit:
18-ID-a

Montana

In Montana, geothermal developers may need an Underground Storage Tank Permit from the Montana Department of Environmental Quality. For more information, see: Underground Storage Tank Permit:
18-MT-a

New Mexico

In New Mexico, geothermal developers may need an Underground Storage Tank Permit from the New Mexico Environmental Department. For more information, see:

Underground Storage Tank Process:
18-NM-a

Nevada

In Nevada, geothermal developers may need an Underground Storage Tank Permit from the Nevada Division of Environmental Protection. For more information, see: Underground Storage Tank Permit:
18-NV-a

Oregon

In Oregon, geothermal developers may need an Underground Storage Tank Permit from the Oregon Department of Environmental Quality. For more information, see: Underground Storage Tank Permit:
18-OR-a

Utah

In Utah, geothermal developers may need an Underground Storage Tank Permit from the Utah Department of Environmental Quality. For more information, see: Underground Storage Tank Permit:
18-UT-a

Texas

In Texas, geothermal developers may need an Underground Storage Tank Permit from the Texas Commission on Environmental Quality. For more information, see: Underground Storage Tank Permit:
18-TX-a

Washington

In Washington, geothermal developers may need an Underground Storage Tank Permit from the Washington State Department of Ecology. For more information, see: Underground Storage Tank Permit:
18-WA-a

18.3 to 18.4 – Is a Non-Excluded Hazardous Waste Discovered at the Site?

If hazardous waste is discovered at the site, the developer will need to notify the Environmental Protection Agency (EPA) as well as possibly a state or tribal agency. Thereafter, the site will enter either the Superfund cleanup process under CERCLA (42 U.S.C. §§ 9601 et seq.) or a state or tribal Brownfields response program.

CERCLA Process:
18-FD-a

18.5 to 18.6 - Will the Project Require Use of an Above Ground Storage Tank?

If the project will require use of an above ground storage tank the developer may have to complete the United States Environmental Protection Agency Above Ground Storage Tank Spill Prevention, Control, and Countermeasure (SPCC) requirements.

AST - SPCC Plan:
18-FD-b

18.7 to 18.8 - Will the Project Be Constructed on a Brownfield Site? Consider Applying for a Brownfield Grant

The Small Business Liability Relief and Brownfields Revitalization Act authorizes the EPA to provide grants to certain developers (including state and local governments, government entities, and in some cases non-profit organizations) for the assessment and cleanup of brownfields. “Brownfields” are defined by the Brownfields Law as “…real property, the expansion, redevelopment, or resuse of which may be complicated by the presences or potential presence of a hazardous substances, pollutant, or contaminant.” See 42 USC 9601(39). For more information on the grant application process, see:

Brownfield Grant Application:
18-FD-c

18.9 to 18.10 – Will the Project Generate a Non-Excluded Hazardous Waste?

The developer needs to evaluate the project and determine whether the project will produce hazardous waste. Through RCRA (42 U.S.C. §§ 6901 et seq.), Congress authorized the EPA to manage hazardous waste (and encourage states to develop plans to manage non-hazardous industrial solid waste). The EPA promulgates RCRA regulations in Title 40 of the Code of Federal Regulations (CFR) Parts 239-299. The provisions in 40 CFR 261.3 provide the federal definition of hazardous waste, while the provisions in 40 CFR 261.4(b) list federal exclusions from the definition of hazardous waste. However, a state may classify hazardous wastes differently and require a hazardous waste facility permit for waste associated with geothermal energy production.

Geothermal Exclusions

Section 40 CFR 261.4(b)(5) excludes from the definition of hazardous waste, drilling fluids, produced wastewater, and other wastes associated with the exploration, development, or production of geothermal energy. If the project will produce, store, or dispose of a non-excluded hazardous waste, the developer will need a state issued hazardous waste facility permit under RCRA. As mentioned above, 40 CFR 261.4(b)(5) excludes drilling fluids, produced waster, and other wastes associated with the exploration, development or production of geothermal energy from the definition of hazardous waste.

Alaska

In Alaska, geothermal developers may need a Hazardous Waste Permit from the Alaska Department of Environmental Conservation. For more information, see: Hazardous Waste Permit:
18-AK-b

California

In California, geothermal developers may need a Hazardous Waste Permit from the California Environmental Protection Agency Department of Toxic Substances Control. For more information, see:

Hazardous Waste Permit:
18-CA-b

Colorado

In Colorado, geothermal developers may need to comply with the Hazardous Waste Permit from the Colorado Department of Public Health and Environment. For more information, see:

Hazardous Waste Permit:
18-CO-b

Hawaii

In Hawaii, geothermal developers may need a Hazardous Waste Permit from the Hawaii Department of Health Solid and Hazardous Waste Branch. For more information, see:

Hazardous Waste Permit:
18-HI-b

Idaho

In Idaho, geothermal developers may need a Hazardous Waste Permit from the Idaho Department of Environmental Quality. For more information, see:

Hazardous Waste Permit:
18-ID-b

Montana

In Montana, geothermal developers may need a Hazardous Waste Permit from the Montana Department of Environmental Quality. For more information, see:

Hazardous Waste Permit:
18-MT-b

New Mexico

In New Mexico, geothermal developers may need a Hazardous Waste Permit from the New Mexico Environment Department. For more information, see:

Hazardous Waste Permit Process:
18-NM-b

Nevada

In Nevada, geothermal developers may need a Hazardous Waste Permit from the Nevada Division of Environmental Protection. For more information, see:

Hazardous Waste Permit:
18-NV-b

Oregon

In Oregon, geothermal developers may need a Hazardous Waste Permit from the Oregon Department of Environmental Quality. For more information, see: Hazardous Waste Permit:
18-OR-b

Utah

In Utah, geothermal developers may need a Hazardous Waste Permit from the Utah Department of Environmental Quality. For more information, see:

Hazardous Waste Permit:
18-UT-b

Washington

In Washington, geothermal developers may need a Dangerous Waste Permit from the Washington State of Department of Ecology. For more information, see

Dangerous Waste Permit:
18-WA-b

18.11 to 18.12 – Will the Project Dispose of Solid Waste?

If the project will dispose of solid waste, the developer should consult with the state for relevant waste discharge or ground water pollution protection requirements.

California In California, geothermal developers may need a Discharge Permit from the California Environmental Protection Agency Water Resources Control Board. For more information, see

Waste Discharge Permit:
14-CA-e

Colorado

In Colorado, geothermal developers may need a Groundwater Discharge Permit from the Colorado Department of Public Health and Environment. For more information, see Ground Water Discharge Permit:
14-CO-e

Montana


In Montana, geothermal developers may need a Groundwater Pollution Control System Permit from the Montana Department of Environmental Quality. For more information, see Groundwater Pollution Control System:
14-MT-e

New Mexico


In New Mexico, geothermal developers may need a Groundwater Discharge Permit from the New Mexico Environment Department. For more information, see

Ground Water Discharge Permit:
14-NM-e

Nevada


In Nevada, geothermal developers may need a Groundwater Discharge Permit from the Nevada Division of Environmental Protection. For more information, see Groundwater Discharge Permit:
14-NV-e

Oregon


In Oregon, geothermal developers may need a Water Pollution Control Facility Permit from the Oregon Department of Environmental Quality. For more information, see Waste Pollution Control Facility Permit:
14-OR-e

Utah


In Utah, geothermal developers may need a Groundwater Quality Protection Permit from the Utah Department of Environmental Quality. For more information, see Ground Water Quality Protection Permit:
14-UT-e

Texas


In Texas, geothermal developers may need a Groundwater Discharge Permit from the Railroad Commission of Texas. For more information, see Ground Water Discharge Permit:
14-TX-e

Washington


In Washington, geothermal developers may need a Wastewater Discharge Permit from the Washington State Department of Ecology. For more information, see State Wastewater Discharge Permit:
14-WA-e

18.13 - No Permit Needed; Continue with Project




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