RAPID/Roadmap/18 (1)

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RAPID

Regulatory and Permitting Information Desktop Toolkit

Hydropower Waste and Hazardous Material Assessment Overview (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.


The construction of a hydropower project may generate solid and industrial waste. Solid wastes, likely nonhazardous, may include containers, packaging materials, and wastes from equipment assembly and construction crews. Industrial wastes may include minor amounts of fuels, spent vehicle and equipment fluids (e.g., lubricating oils, hydraulic fluids, battery electrolytes, glycol coolants). Hazardous materials may include compressed gases used for welding, and cutting brazing, dielectric fluids, and oils. Office of Indian Energy and Economic Development – Tribal Energy and Environmental Information Website.

Check with local, state, and federal governments to apply for the appropriate permit.


Waste and Hazardous Material Assessment Overview Process

18.1 to 18.2 – 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. For more information, see:

CERCLA Process:
18-FD-a

18.3 to 18.5 - 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. For more information, see:

Aboveground Storage Tank Process:
18-FD-b

In addition, if the project will require the use of an aboveground storage tank to store petroleum or hazardous substances, the project may need an aboveground storage tank permit from the authorized state agency.

Alaska


The developer of a hydropower project may need to obtain permission from the appropriate government authority if the project will include an aboveground storage tank facility used to store petroleum. For more information, see:

Aboveground Storage Tank Permit:
18-AK-f

California


California does not require a aboveground storage tank permit for hydropower projects.


Colorado


In Colorado, a hydropower developer may need to obtain a Colorado Aboveground Storage Tank Permit for the “design, installation, registration, construction, and operation of storage tanks” used to store petroleum and other regulated substances not classified as hazardous waste under Subtitle C of the Solid Waste Disposal Act. The Colorado Department of Labor and Employment Division of Oil and Public Safety (Division) regulates aboveground storage tanks pursuant to 7 CCR 1101-14 Underground Storage Tanks and Aboveground Storage Tanks, Colorado – C.R.S. 8-20-102, Oil and Public Safety Rules, and Colorado – C.R.S. 8-20.5-201 et seq., Underground Storage Tanks. For more information, see:

Aboveground Storage Tank Permit:
18-CO-f

New York


In New York, a hydropower developer may need to register aboveground storage tanks that store petroleum or hazardous substances. The New York State Department of Environmental Conservation regulates aboveground storage tanks pursuant to 6 CRR-NY 596.1 and 6 CRR-NY 613-4.1. For more information, see:

Chemical Bulk Storage Facility Registration:
18-NY-b


Vermont

Vermont does not require a aboveground storage tank permit for hydropower projects.


Washington


Washington does not require a aboveground storage tank permit for hydropower projects.



18.6 to 18.7 – 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 may need an underground storage tank permit from the authorized state agency. For example, a hydropower facility may require an underground storage tank for surge, raw water, generation lube oil, fuel for standby generators, and refueling stations (with diesel and gas storage tanks) during construction.

Alaska


The Alaska Department of Environmental Conservation – Division of Spill Prevention and Response (SPAR) is responsible for regulating underground storage tank (UST) facilities pursuant to AS 46.03.365. Underground Storage Tank Permit:
18-AK-a

California

California does not require a underground storage tank permit for hydropower projects.


Colorado


In Colorado, a developer may need a Colorado Underground Storage Tank Permit for the “design, installation, registration, construction, and operation of storage tanks” used to store petroleum and other regulated substances not classified as hazardous waste under Subtitle C of the Solid Waste Disposal Act. The Colorado Department of Labor and Employment Division of Oil and Public Safety (Division) regulates underground storage tanks pursuant to 7 CCR 1101-14 Underground Storage Tanks and Aboveground Storage Tanks, Colorado – C.R.S. 8-20-102, Oil and Public Safety Rules, and Colorado – C.R.S. 8-20.5-201 et seq., Underground Storage Tanks. For more information, see: Underground Storage Tank Permit:
18-CO-a


New York


In New York, a hydropower developer may need to register underground storage tanks that store petroleum or hazardous substances. The New York State Department of Environmental Conservation regulates underground storage tanks pursuant to 6 CRR-NY 596.1, 6 CRR-NY 613-2.1, and 6 CRR-NY 613-3.1. For more information, see:

Chemical Bulk Storage Facility Registration:
18-NY-b


Vermont

Vermont does not require a underground storage tank permit for hydropower projects.




18.8 to 18.9 – Will the Project Treat, Store or Dispose of Petroleum or 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 energy production.

Alaska

Alaska does not require a hazardous waste permit for hydropower projects.


California

California does not require a hazardous waste permit for hydropower projects.


Colorado


In Colorado, a developer may need to obtain a Hazardous Waste Permit, from the Colorado Department of Public Health and Environment, for facilities that treat, store or dispose of hazardous waste unless excluded from the permit process. Colorado – C.R.S. 25-15-308, Prohibited Acts. For more information, see:

Hazardous Waste Permit:
18-CO-b

New York


In New York, a hydropower developer may need to register a facility that will store petroleum or a hazardous substance. The New York State Department of Environmental Conservation regulates petroleum and hazardous substance storage pursuant to 6 CRR-NY 613 and 6 CRR-NY 596. For more information, see:

Chemical Bulk Storage Facility Registration:
18-NY-b

Vermont


The Vermont Department of Environmental Conservation Waste Management and Prevention Division regulates the “generation, storage, collection, transport, treatment, disposal, use, reuse, and recycling of hazardous waste in Vermont” pursuant to Waste Management, 10 V.S.A. § 6601 et seq.; Vermont Hazardous Waste Management Regulations, 12-032-001. For more information, see:

Hazardous Waste Permit:
18-VT-b


Washington


Washington does not require a hazardous waste permit for hydropower projects.


18.10 - No Permit Needed; Continue with Project




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