RAPID/Roadmap/18
Geothermal Waste and Hazardous Material Assessment Overview (18)
Waste and Hazardous Material Assessment Overview 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
Louisiana
In Louisiana, geothermal developers may need an Underground Storage Tank Installation Permit from the Louisiana Department of Environmental Quality. For more information, see:
Underground Storage Tank Installation Permit:
18-LA-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 Environment Department. For more information, see:
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, a geothermal developer may need an Underground Storage Tank (“UST”) Permit from the Washington Department of Ecology for all owners and operators of a UST system. W.A.C. § 173-360A-0110; Washington Governor’s Office of Regulatory Innovation and Assistance – Underground Storage Tank Facility Compliance Tag/Permit; Washington Governor’s Office of Regulatory Innovation and Assistance – Underground Storage Tank Notification Requirements. For more information, see:
West Virginia
In West Virginia, a developer must submit an Underground Storage Tank (UST) System Installation notice to DEP - Underground Storage Tank (UST) Section thirty days prior to starting an underground storage tank (UST ) installation, renovation, repair, or upgrade. For more information, see:
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.
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.
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:
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:
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:
Idaho
In Idaho, geothermal developers may need a Hazardous Waste Permit from the Idaho Department of Environmental Quality. For more information, see:
Louisiana
In Louisiana, geothermal developers may need a Hazardous Waste Permit from the Louisiana Department of Environmental Quality. For more information, see:
Montana
In Montana, geothermal developers may need a Hazardous Waste Permit from the Montana Department of Environmental Quality. For more information, see:
New Mexico
In New Mexico, geothermal developers may need a Hazardous Waste Permit from the New Mexico Environment Department. For more information, see:
Nevada
In Nevada, geothermal developers may need a Hazardous Waste Permit from the Nevada Division of Environmental Protection. For more information, see:
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:
Washington
In Washington, geothermal developers may need a Dangerous Waste Permit from the Washington State of Department of Ecology. For more information, see
West Virginia
In West Virginia, drilling fluids, produced waters, and other wastes that are associated with the exploration, development or production of crude oil, natural gas, or geothermal energy are defined as not hazardous waste. For more information, see:
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 groundwater 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
Colorado
In Colorado, geothermal developers may need a Groundwater Discharge Permit from the Colorado Department of Public Health and Environment. For more information, see
Groundwater 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
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
Groundwater 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
Groundwater Discharge Permit:
14-TX-e
Washington
In Washington, a geothermal developer may need an Underground Storage Tank (“UST”) Permit from the Washington Department of Ecology for all owners and operators of a UST system. W.A.C. § 173-360A-0110; Washington Governor’s Office of Regulatory Innovation and Assistance – Underground Storage Tank Facility Compliance Tag/Permit; Washington Governor’s Office of Regulatory Innovation and Assistance – Underground Storage Tank Notification Requirements. For more information, see:
18.13 - No Permit Needed; Continue with Project
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