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Hydropower Waste and Hazardous Material Assessment Overview (18)

Information current as of 2019
A hydropower developer should consider whether the project will generate, dispose of, or store waste or hazardous material. The use of underground and above ground storage tanks, discovery of waste at a site or the production of waste by a hydropower 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 or necessary approval.



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) and possibly a state or tribal agency with jurisdiction over the project. After notifying the EPA and/or applicable state or tribal agency the project will either the Superfund cleanup process under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. §§ 9601 et seq.) (CERCLA) or a state or tribal brownfields response program.

For more information, see:

CERCLA Review:
18-FD-a

18.3 to 18.5 – Will the Project Require Use of an Aboveground Storage Tank?

If the project will require use of an aboveground storage tank, the developer may have to complete the EPA Aboveground Storage Tank Spill Prevention, Control, and Countermeasure requirements.

For more information, see:

Aboveground Storage Tank Approval:
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 or approval from the authorized state agency.

Alaska

In Alaska, a hydropower developer may submit a Fire and Life, Safety Plan and obtain approval from the Alaska Division of Fire and Life Safety if the project requires an aboveground storage tank. For more information, see:

Aboveground Storage Tank Overview:
18-AK-f

Arkansas

Currently, the RAPID Toolkit does not have state specific content regarding aboveground storage tank approval for hydropower development in Arkansas.

California

California does not require aboveground storage tank approval for hydropower projects.

Colorado

In Colorado, a hydropower developer may need a Colorado Aboveground Storage Tank Permit from the Colorado Department of Labor and Employment 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. For more information, see:

Aboveground Storage Tank Permit:
18-CO-f

Illinois

Currently, the RAPID Toolkit does not have state specific content regarding aboveground storage tank approval for hydropower development in Illinois.

Indiana

Currently, the RAPID Toolkit does not have state specific content regarding aboveground storage tank approval for hydropower development in Indiana.

Iowa

Currently, the RAPID Toolkit does not have state specific content regarding aboveground storage tank approval for hydropower development in Iowa.

Kentucky

Currently, the RAPID Toolkit does not have state specific content regarding aboveground storage tank approval for hydropower development in Kentucky.

Louisiana

Currently, the RAPID Toolkit does not have state specific content regarding aboveground storage tanks for hydropower development in Louisiana.

Minnesota

Currently, the RAPID Toolkit does not have state specific content regarding aboveground storage tank approval for hydropower development in Minnesota.

Missouri

Currently, the RAPID Toolkit does not have state specific content regarding aboveground storage tank approval for hydropower development in Missouri.

New York

In New York, a hydropower developer may need to register aboveground storage tanks with the New York State Department of Environmental Conservation that store petroleum or hazardous substances. For more information, see:

State Petroleum and Hazardous Material Assessment Overview:
18-NY-b

North Dakota

Currently, the RAPID Toolkit does not have state specific content regarding aboveground storage tank approval for hydropower development in North Dakota.

Ohio

Currently, the RAPID Toolkit does not have state specific content regarding aboveground storage tank approval for hydropower development in Ohio.

Pennsylvania

Currently, the RAPID Toolkit does not have state specific content regarding aboveground storage tank approval for hydropower development in Pennsylvania.

Tennessee

Currently, the RAPID Toolkit does not have state specific content regarding aboveground storage tank approval for hydropower development in Tennessee.

Vermont

Vermont does not require aboveground storage tank approval for hydropower projects.

West Virginia

Currently, the RAPID Toolkit does not have state specific content regarding aboveground storage tank approval for hydropower development in West Virginia.

Wisconsin

Currently, the RAPID Toolkit does not have state specific content regarding aboveground storage tank approval for hydropower development in Wisconsin.

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 will need an Underground Storage Tank Permit from the authorized state agency. For example, a bulk transmission 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

In Alaska, a hydropower developer may need an Underground Storage Tank Permit from the Alaska Department of Environmental Conservation – Division of Spill Prevention and Response for a project that requires a underground storage tank. For more information, see:

Underground Storage Tank Permit:
18-AK-a

Arkansas

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tank approval for hydropower development in Arkansas.

California

California does not require underground storage tank approval for hydropower projects.

Colorado

In Colorado, a hydropower developer may need a Colorado Underground Storage Tank Permit from the Colorado Department of Labor and Employment 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. For more information, see:

Underground Storage Tank Permit:
18-CO-a

Illinois

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tanks for hydropower development in Illinois.

Indiana

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tanks for hydropower development in Indiana.

Iowa

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tanks for hydropower development in Iowa.

Kentucky

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tanks for hydropower development in Kentucky.

Louisiana

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tanks for hydropower development in Louisiana.

Minnesota

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tanks for hydropower development in Minnesota.

Mississippi

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tanks for hydropower development in Mississippi.

Missouri

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tanks for hydropower development in Missouri.

New York

In New York, a hydropower developer may need to register underground storage tanks with the New York State Department of Environmental Conservation that store petroleum or hazardous substances. For more information, see:

Chemical Bulk Storage Facility Registration:
18-NY-b

North Dakota

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tanks for hydropower development in North Dakota.

Ohio

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tanks for hydropower development in Ohio.

Pennsylvania

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tanks for hydropower development in Pennsylvania.

Tennessee

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tanks for hydropower development in Tennessee.

Vermont

Vermont does not require underground storage tank approval for hydropower projects.

West Virginia

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tanks for hydropower development in West Virginia.

Wisconsin

Currently, the RAPID Toolkit does not have state specific content regarding underground storage tanks for hydropower development in Wisconsin.

18.8 to 18.9 – Will the Project Generate, 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 generate, treat, store, or dispose of petroleum or non-excluded hazardous waste. Through the Resource Conservation and Recovery Act (42 U.S.C. §§ 6901 et seq.) (RCRA), 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 hazardous waste approval for hydropower projects.

Arkansas

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in Arkansas.

California

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

Colorado

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

Hazardous Waste Permit:
18-CO-b

Illinois

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in Illinois.

Indiana

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in Indiana.

Iowa

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in Iowa.

Kentucky

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in Kentucky.

Louisiana

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in Louisiana.

Minnesota

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in Minnesota.

Mississippi

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in Mississippi.


Missouri

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in Missouri.

New York

In New York, a hydropower developer may need to register a facility with the New York State Department of Environmental Conservation that will store petroleum or a hazardous substance. For more information, see:

Chemical Bulk Storage Facility Registration:
18-NY-b

North Dakota

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in North Dakota.

Ohio

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in Ohio.

Pennsylvania

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in Pennsylvania.

Tennessee

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in Tennessee.

Vermont

In Vermont, a hydropower developer may need a Hazardous Waste Permit from the Vermont Department of Environmental Conservation to generate store, collect, transport, treatemetn, dispose, use, reuse or recycle hazardous waste. 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 hazardous waste approval for hydropower projects.

West Virginia

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in West Virginia.

Wisconsin

Currently, the RAPID Toolkit does not have state specific content regarding hazardous waste approval for hydropower development in Wisconsin.