Solar 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.
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:
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 energy production.
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.
18.13 - No Permit Needed; Continue with Project
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