\
=7/ o
Environmental Laws
Applicable to Construction and Operation
of
Biodiesel Production
Facilities
www.epa.gov/region07/priorities/agriculture
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WHAT IS THE PURPOSE OF THIS MANUAL?
This compliance assistance manual serves as a
road map of information on federal
environmental programs and federal, state, and
local agency roles as they apply to parties
interested in designing, building, and operating
biodiesel manufacturing facilities. This manual
emphasizes federal environmental laws and
regulations implemented by the United States
Environmental Protection Agency and its state
partners. Air, water, hazardous waste, accident
prevention and release reporting are examples of
requirements that might apply. This manual, like
a road map, does not contain all details of the
federal and state statutes and regulations.
Biodiesel facility operators need to review the applicable statutes and regulations.
There are many federal environmental requiremen
that apply to biodiesel production facilities. State and local environmental
agencies may take the lead in implementing federal environmental programs and may
have state requirements in addition to federal environmental requirements. The United
States Environmental Protection Agency, state, and local environmental agencies work in
partnership and are available to answer questions about applicability of environmental
requirements to individual biodiesel production facilities. Our goal is to work with
biodiesel facility operators to ensure that human health and the environment are
-protected as biodiesel production continues to increase in EPA's Region 7 (Iowa, Kansas,
Missouri, and Nebraska).
This manual has been prepared by the U.§. Environmei
. i >" Region 7 BiofuelsJvork Group.
Agency
DISCLAIMERS:
This manual provides information to help the regulated community and the public understand biodiesel
facility obligations under federal environmental laws and regulations.
This manual is not a substitute for regulations, nor is it a regulation. It cannot impose legally binding
requirements on EPA, states, or the regulated community. The reader must refer to federal and state laws
and regulations for a complete understanding of all legal requirements.
While every attempt has been made to provide readers with definitions/explanations of the terms used in this
manual, readers who are unfamiliar with particular programs are encouraged to visit the EPA website at
www.epa.gov or the Code of Federal Regulations at www.gpoaccess.gov/cfr/retrieve.html.
This manual does not represent final agency action and may be updated in the future.
This manual does not limit the otherwise lawful prerogatives of regulating agencies. Agencies may act at
variance with this guidance based on facility-specific circumstances.
The mention of trade names, commercial products, industry references, and technical resources does not
constitute an endorsement or recommendation for use.
The information in this document is current as of its publication date.
FRONT COVER AND INSIDE COVER PHOTO COURTESY OF THE IOWA SOYBEAN ASSOCIATION
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TABLE OF CONTENTS
INTRODUCTION
LI Requirement for Renewable Fuels 1-1
1.2 Biodiesel Overview 1-3
CHAPTER 1 WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M
PLANNING TO BUILD OR MODIFY A BIODIESEL PLANT?
1.1 National Environmental Policy Act 1-2
1.2 Clean Water Act 1-3
Dredge and Fill 1-3
Stormwater Construction Permits 1-5
Permit for Construction of Wastewater Facility 1-5
1.3 Safe Drinking Water Act 1-6
The Public Water System Supervision Program 1-6
The Underground Injection Control Program 1-8
Ground Water/Source Water Protection Programs 1-10
1.4 Clean Air Act 1-11
Air Construction Permits 1-13
Major Construction Permits 1-13
Prevention of Significant Deterioration Permits 1-14
Nonattainment New Source Review Permits 1-17
Minor Construction Permits 1-18
New Source Performance Standards 1-19
National Emission Standards for Hazardous Air Pollutants 1 -23
Risk Management Program Considerations 1-25
1.5 Resource Conservation and Recovery Act 1-26
1.6 Pollution Prevention Act 1-27
1.7 Toxic Substances Control Act 1-30
CHAPTER 2 WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A
BIODIESEL PLANT?
2.1 Clean Water Act 2-2
Wastewater Discharge Permits 2-2
Permits for Disposal Directly to a Water Body 2-2
Permits to Discharge to a Municipal Wastewater Treatment System. 2-3
Permits for Land Application for Wastewater Disposal 2-4
Industrial Stormwater Permits 2-5
Spill Prevention, Control and Countermeasure Regulations 2-6
Reporting Oil Discharges 2-8
2.2 Safe Drinking Water Act 2-9
The Public Water System Supervision Program 2-9
The Underground Injection Control Program 2-10
2.3 Resource Conservation And Recovery Act -
Solid and Hazardous Waste 2-11
Definition of Solid Waste 2-12
Definition of Hazardous Waste 2-12
Typical Hazardous Wastes at a Biodiesel Production Facility 2-16
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TABLE OF CONTENTS
Hazardous Waste Management (Permit Exemption) 2-20
Land Disposal Restrictions 2-22
Hazardous Waste Summary 2-23
Underground Storage Tanks 2-24
2.4 Renewable Fuel Standard Program 2-25
Registration 2-26
RIN Registration 2-26
Transfer RINs: Moving RINs With Fuel and Selling Biodiesel 2-26
Product Transfer Documents 2-27
Blending 2-27
Exporting 2-28
Non-Road Use of Fuel 2-28
Record Keeping Requirements 2-29
Reporting 2-29
Attest Engagements 2-30
2.5 Clean Air Act 2-31
Air Operating Permits 2-31
Best Practices - Air Program 2-32
Prevention Program Requirements 2-33
2.6 Emergency Planning And Community Right To Know Act 2-34
Planning Requirements 2-34
Reporting Releases 2-34
Other Reporting Requirements 2-36
Reporting Hazardous Chemical Storage - Tier II Reporting 2-36
Toxic Release Inventory Reporting - Form R 2-36
APPENDICES
APPENDIX A
APPENDIX B
APPENDIX C
APPENDIX D
APPENDIX E
APPENDIX F
APPENDIX G
APPENDIX H
SUMMARY OF LAWS PERTAINING TO BIODIESEL
PRODUCTION AND WHO TO CONTACT
MANAGEMENT OF CRUDE GLYCERIN
NATIONAL ENVIRONMENTAL POLICY ACT PROCESS
EMERGENCY RESPONSE PROGRAM DEVELOPMENT
CLEAN AIR ACT SECTION 112 (r) - PREVENTION PROGRAM
REQUIREMENTS
DO I NEED A FACILITY RESPONSE PLAN?
POLLUTION PREVENTION INSIGHTS AND BEST
PRACTICES
DEFINITIONS OF ACRONYMS
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INTRODUCTION
1.1 Requirement for Renewable Fuels
The Energy Policy Act of 2005 amended the
Clean Air Act to establish a Renewable Fuel
Standard (RFS) program. The RFS program,
applicable for 2007 and beyond, is designed to
encourage blending renewable fuels into our
nation's motor vehicle fuel.
A renewable fuel is defined in the Energy Policy
Act as a motor vehicle fuel that is produced from
plant or animal products or wastes. Renewable
fuels include biodiesel, ethanol and other motor
vehicle fuels made from renewable sources.
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
About 4.7 billion gallons of renewable fuels were used in the United States in 2007 as
motor vehicle fuel. The RFS program requires that this volume increase to at least 7.5
billion gallons by the year 2012 with a goal of using 36 billion gallons per year as motor
vehicle fuel by 2022.
According to the National Biodiesel Board, as of September 2008, there were 176
biodiesel plants in operation nationwide with an annual production capacity of 2.61
billion gallons per year.
'BIO©
BOARD
Commercial Biodiesel Production Plants (September 29.2008)
*r ? *
*** \V-n/
O BQ-9000 Producers
This document was developed in response to the increasing number of biodiesel
production facilities, their potential environmental implications in Region 7, and our
desire to help smooth our nation's transition to a renewable fuel source while maintaining
a healthy environment.
INTRODUCTION
1-2
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
1.2 Biodiesel Overview
Biodiesel is a clean-burning alternative fuel
produced from renewable resources. It can be
used pure or "neat" (called B100) or, more
typically, blended with petroleum diesel fuel
in 5% (B5), 20% (B20), or other proportions
before sale to the final user.
The use of biodiesel creates less
environmental impacts than petroleum oils.
When used in existing vehicles, it reduces
emissions of carbon monoxide, particulate
matter, and sulfates, as well as hydrocarbon
and air toxics emissions. Biodiesel also
provides significant greenhouse gas emission
reductions.
BIODIESEL FUEL IS MADE FROM A
RENEWABLE SOURCE, SUCH AS SOYBEANS
According to a life cycle study performed by the United States Department of Agriculture
and the Department of Energy, the production of biodiesel compared to the production of
petroleum fuels generates 78% less carbon dioxide, 79% less wastewater, and 96% less
hazardous waste. :
Biodiesel has the highest energy balance (3.5) of any
other fuel, meaning for every unit of fossil energy
needed to produce biodiesel, 3.5 units of energy are
gained. Since it is produced domestically, it can
reduce the need for fossil fuel and improve the
nation's energy security.
The technical definition of biodiesel is, "a fuel
composed of mono-alkyl esters of long chain fatty
acids derived from vegetable oils or animal fats,
designated B100, and meeting the requirements of
ASTM International (ASTM) D6751."
REGARDLESS OF WHAT FEEDSTOCK
IS USED, BIODIESEL MUST MEET
ASTM STANDARDS BEFORE SALE TO
THE FINAL USER
1 National Renewable Energy Laboratory, "An Overview of Biodiesel and petroleum Diesel Life Cycles."
NREL/TP-580-24772, May 1998
INTRODUCTION
1-3
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Biodiesel is typically made from vegetable or animal oils consisting of triglycerides,
through a process known as transesterification. This process is where the triglyceride
molecules are broken into alkyl ester molecules (the biodiesel product) and glycerin (the
byproduct) by reaction with an alcohol in the presence of a catalyst. This document
focuses on commercial biodiesel manufacturing using the transesterification process.
Methanol is the most commonly used alcohol, producing a biodiesel product which
consists of methyl esters. Biodiesel produced using methanol is often called fatty acid
methyl ester or FAME. Other alcohols, such as ethanol, may be used, but their use
requires a modification in the production process. The reaction can be catalyzed by
bases, acids, or enzymes.
The glycerin (also called glycerol) byproduct is typically contaminated with unreacted
methanol and excess catalyst, which must be refined to recover methanol before it can be
used commercially. Recovering the methanol leaves the glycerin at 80% or more pure
and makes it more suitable as a marketable commodity. After methanol recovery, most
commercial biodiesel manufacturing companies are able to send the glycerin to a glycerin
recovery/refining facility. Pure grades of glycerin
(99.7%) can be used as a raw material in other industrial
sectors such as food products, cosmetics, toiletries,
toothpaste, drugs, animal feed, plasticizers, tobacco, and
emulsifiers.
While glycerin is useful for other applications, alcohol-
and catalyst-contaminated glycerin can pose waste
management challenges with significant economic and
regulatory ramifications. The difference between
marketable glycerin and determining glycerin to be a
hazardous waste is the methanol content. Regardless of
whether methanol is recovered, the producer must make a
hazardous waste determination of the waste glycerin. If
methanol is not recovered from the glycerin, then the
producer should likely make a positive hazardous waste
determination prior to disposal since the flash point of the
mixture is likely less than 140°F. It is beneficial for an
operator to recover methanol and thus avoid paying for
hazardous waste disposal and the associated paperwork.
Using a closed-loop system to recover the methanol prevents it from becoming a
hazardous waste. See hazardous waste discussion in Chapter 2, Page 17 for more
information.
Refining and finding a use for the glycerin byproduct is more desirable environmentally
and economically than disposing it. Growth in biodiesel production has led to an increase
in the amount of glycerin on the market. Significant research on alternative beneficial
uses for glycerin is ongoing.
RESEARCHERS CONTINUE TO
DISCOVER MORE COST-
EFFECTIVE USES FOR THE
GLYCERIN BYPRODUCT
INTRODUCTION
1-4
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Most available literature suggests that methanol recovery from glycerin wash waters, and
fugitive vapor emissions is an accepted and routine industry practice among commercial
producers. Recovered methanol is typically returned to a raw material storage tank and
reused for future fuel production. Producers should carefully consider the health and
safety risks and hazards of methanol recovery as compared with the risks, hazards, and
costs of off-site reclamation, hazardous waste disposal, or demonstrating other legal use
or disposition of the by-product.
The initial biodiesel fuel product may contain small amounts of impurities. To remove
the impurities, the biodiesel may be water washed or filtered to remove any residual
catalyst and monoglycerides. The resulting water wash and filter cake are wastes which
have little or no commercial value and must be managed appropriately to avoid
undesirable outcomes. For instance, there are documented cases of waste filter cake
spontaneously igniting.
This document discusses the various federal environmental requirements that may apply
to commercial biodiesel production facilities located in Iowa, Kansas, Missouri, or
Nebraska that use the transesterification process. It also provides information on who to
contact for additional information on these requirements. Note that state or local
requirements may be more stringent than federal requirements and are outside the scope
of this document.
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
THIS PAGE IS
INTENTIONALLY
LEFT BLANK
INTRODUCTION
1-6
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m
CHAPTER 1
WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M
PLANNING TO BUILD OR MODIFY A BIODIESEL PLANT?
This chapter discusses environmental laws and regulations that might apply to construction at a
biodiesel plant. A general construction resource that you might find useful is: Managing your
Environmental Responsibilities: A Planning Guide for Construction and Development (EPA/305-
B-04-003). It is available at:
http://www.epa.gov/compliance/resources/publications/assistance/sectors/constructmyer/niyergui
de.pdf
f*
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
1.1 National Environmental Policy Act
If you are using federal money to construct a biodiesel plant or any associated
facility, such as an access road or water supply, then your plant is subject to the
National Environmental Policy Act (NEPA). NEPA requires federal agencies to
incorporate environmental considerations in their planning and decision-making
and to prepare a detailed statement assessing the environmental impact of
activities and alternatives that significantly affect the environment.
The NEPA assessment
for biodiesel plants
should include all
potential environmental
and human health
impacts. Resources such
as wetlands, water
quality, hazardous waste,
and air quality are
commonly analyzed.
Biodiesel plants should
also consider potential
impacts to road and
railway capacity; water
supply and local
municipal water systems;
and handling and
deposition of byproducts
from the plant operation. Significant effects that are identified and determined to
be unavoidable may require mitigation to reduce or minimize environmental or
human health impacts.
Biodiesel production facilities contribute emissions to the air including volatile
organic compounds, sulfur dioxide, nitrogen oxides, hazardous air pollutants and
particulate matter, all of which are required to be controlled by applicable
regulations. Selection of the plant location should focus on minimizing air quality
impacts to downwind residents and consider other air emission sources in the
area.
As part of the environmental evaluation, EPA recommends completing a thorough
emissions accounting and air quality modeling analysis, including fugitive
emissions from haul roads. We also recommend evaluating any projected capacity
increase or phased construction approach to consider the total potential air
impacts to the project area. More information about the NEPA process is in
Appendix C of this manual. NEPA contact information is in Appendix A.
A BIODIESEL FACILITY MAY BE REQUIRED TO EVALUATE
ENVIRONMENTAL IMPACTS
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
A BIODIESEL PLANT?
CHAPTER 1 - PAGE 2
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
1.2 Clean Water Act
This section discusses regulations pursuant to the Clean Water Act that may
apply during the construction or modification of a biodiesel plant.
Plant operators should be aware that many
requirements that apply during plant
operation require permit applications be
submitted well in advance of plant startup,
for instance, during the early planning
phases prior to construction. While this
chapter focuses on regulations that apply
during plant construction and modification
activities, operators should read and
understand this entire document prior to
commencing construction or modification
of a biodiesel plant.
COMPLYING WITH THE CLEAN WATER
ACT HELPS KEEP OUR SURFACE
WATERS CLEAN
Dredge and Fill
Regulations developed under Section 404 of the Clean Water Act (404 Program,
hereafter) address the discharges of dredged or fill material into waters of the
United States. Generally, the 404 Program requires a permit before these
materials may be placed in a "water of the U.S.", such as a wetland, stream, river,
slough, lake, bay, etc., during construction activities. The U.S. Army Corps of
Engineers administers the 404 Program, including issuance of permits,
enforcement, and making determinations on what constitutes a "water of the U.S."
Should the U.S. Army Corps of Engineers decide that a section 404 permit is
required, a 401 Water Quality Certification may be required from the state
environmental agency.
If there is a potential for placing dredge or fill materials into a water of the U.S.
during the construction or expansion of a biodiesel plant, then a 404 Program
permit is required. The following types of activities are regulated through the
permitting process:
Water resource projects (such as dams, impoundments, and levees)
Infrastructure development (such as highways and railways)
Altering or dredging a water of the U. S.
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
A BIODIESEL PLANT?
CHAPTER 1 - PAGE 3
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
The basic premise of the 404 Program is that no discharge of dredged or fill
material may be permitted if: (1) a practicable alternative exists that is less
damaging to the aquatic environment or (2) the nation's waters would be
significantly degraded. "Practicable alternatives" include those that do not involve
a discharge of dredged or fill material into waters of the U.S., or involve other
significant environmental impacts. An alternative is practicable if it is available
and capable of being done after taking into consideration cost, existing technology
and logistics.
When you apply for a permit, you must
show that you have, to the extent
practicable:
Taken steps to avoid impacts to
waters of the U.S.
Minimized potential impacts on
waters of the U.S.; and
Provided compensation for any
remaining unavoidable impacts.
Therefore, it is important to consider DREDGE AND FILL ACTIVITES REQUIRE A
potential impacts to waters of the U.S.
during the early planning phases of the
project. This may include evaluating alternatives for plant design and operation
in order to avoid impacts to waters of the U.S.
An individual permit is required for activities that can have potentially significant
impacts. Individual permits are reviewed by the U.S. Army Corps of Engineers,
which evaluates applications under a public interest review, as well as the
environmental criteria set forth in the Clean Water Act Section 404(b)(l)
Guidelines. Coverage under a general permit may be suitable for most discharges
that will have only minimal adverse effects. General permits are issued on a
nationwide, regional, or state basis for particular categories of activities. The
U.S. Army Corps of Engineers should be contacted before placing any dredge or
fill material into waters of the U.S.
You may need to get a permit for dredging and
filling activities. If you are not sure whether you
need a permit, contact your local Corps of
Engineers Office. See Appendix A.
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
A BIODIESEL PLANT?
CHAPTER 1 - PAGE 4
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Stormwater Construction Permits
Land disturbance caused by construction, such as clearing, grading, and
excavating, can lead to serious environmental harm in both nearby and
downstream water bodies. To minimize the impact of site runoff on water
quality, a storm water permit must be
obtained for discharges to waters of the
U.S. from any construction activity that
disturbs one acre or more of land.
In Region 7, the state environmental
departments issue general permits to
cover these discharges. General permits
require submission of a simplified
application (typically identified as a
Notice of Intent or NO I) and
development and implementation of a
plan, often called a storm water
pollution prevention plan, to control
discharges of sediment and other
pollutants from the site during
construction activities. Application due
dates vary by state. The state and EPA
Regional contacts for construction storm
water permitting are listed in Appendix A. Further discussion of National
Pollutant Discharge Elimination System storm water permits is provided at
Chapter 2, Page 2.
LAND DISTURBANCE CAN LEAD TO
SEDIMENT RUNOFF
Permit For Construction of a Wastewater Facility
If you will need to construct any type of wastewater treatment or holding system
(including collection systems, pumping stations, storage units, etc.) to meet limits
established in a wastewater disposal permit (See Section 2.1), you may be
required to obtain a non-Clean Water Act construction permit from your state.
The state will require you to submit plans and specifications for review and
approval before any construction can begin on the treatment system. The
treatment system and its appurtenances must be designed in accordance with the
state's design standards which have been established to ensure adequate treatment
prior to disposal. Please contact the person listed for your state in Appendix A,
National Pollutant Discharge Elimination System (NPDES) Permits.
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
A BIODIESEL PLANT?
CHAPTER 1 - PAGE 5
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
1.3 Safe Drinking Water Act
The Safe Drinking Water Act is the federal law
that ensures the quality of drinking water for
Americans. Congress originally passed the act in
1974 to protect public health by regulating the
nation's public drinking water supply. The law
was amended in 1986 and 1996 and requires many
actions to protect drinking water and its sources,
such as rivers, lakes, reservoirs, springs, and
ground water wells. The mandates of the act
provide that the Public Water System Supervision
program regulate the quality of public drinking
* A It TT J j T 4.- /-> 4. i J COMPLYING WITH THE SAFE
water and the Underground Injection Control and DRINKING WATER ACT HELPS
Source Water Protection/Wellhead Protection KEEP OUR DRINKING WATER
.... SAFE FOR CONSUMPTION
programs protect drinking water sources.
The Public Water System Supervision Program
The majority of Americans receive drinking water from public water systems. A
public water system is defined as a system providing water for human
consumption that has at least 15 service connections or regularly serves an
average of 25 or more individuals daily at least 60 days of the year. This can
include facilities such as industries, schools, mobile home parks, recreational
areas and factories that have their own source of water which they make available
for drinking purposes. Public water systems can be publicly or privately owned.
The Safe Drinking Water Act authorizes EPA to set national health-based
standards for drinking water to protect against naturally occurring and man-made
contaminants that might be found in drinking water.
Nationally, there are more than 170,000 public water systems with more than
11,000 of those systems in Region 7. EPA develops standards and testing
requirements for the quality of drinking water provided by these systems. States
and Tribes oversee the permitting, operation and compliance of public water
systems, as well as establishing operator training and certification requirements
and design and construction standards. It is the responsibility of the owners and
operators of public water systems to comply with the standards and requirements
in order to ensure a safe water supply.
Industrial facilities that have their own source of water, such as a well or stream,
and provide drinking water to workers, visitors, or the public, are considered
public water systems. A facility that uses drinking water from another source,
such as a municipal water supply, is not regulated as a public water system.
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
A BIODIESEL PLANT?
CHAPTER 1 - PAGE 6
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A facility which meets the definition of a public water system must comply with
the Federal and State regulations under the Public Water System Supervision
program. States and Tribes (in some cases) can have additional requirements for
backflow prevention, well siting and construction, water treatment process design
and construction, operator training, and assessments of the capability to operate a
system.
A public water system must obtain permits and approvals
from the State before construction and operation and for
any upgrades or modifications to the system.
Public water systems will be required to perform periodic testing of the water for
a variety of potential contaminants, on schedules set by regulation. Testing is
required for microbiological, radiological, synthetic organic, and inorganic
contaminants in drinking water. These contaminants include lead, nitrates,
coliform bacteria and disinfection byproducts. If contaminants are identified
exceeding maximum contaminant levels, or the public water system fails to meet
treatment technique requirements, the system is considered out of compliance and
corrective actions must be taken. The State also periodically inspects public
water systems to identify deficiencies, which must be corrected.
Every public water system must be operated by a trained and qualified operator
who is responsible for the quality of the water and meeting regulatory
requirements. States have programs for training and certifying operators at a level
appropriate to the level of water treatment at the facility. It is the responsibility of
the water system owner to have a certified operator in charge.
Even if you plan to use your own water source for just supplying cooling or
industrial processing water, there are several state water-supply related permits
that might be required. These include:
Water Use Permit - Withdrawing or using water from a surface or
underground source typically requires a water use permit, depending on
the volume of water that will be used daily.
Well Construction Permit - Drilling a new well or modifying an existing
well requires a well construction permit.
It is important for facilities that plan to use their own water supply source(s) to
make sure that all of the necessary permits are in place before proceeding. Check
with the state environmental, health or natural resources office listed in the Public
Water System Supervision section of Appendix A before building or modifying a
water supply.
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
The Underground Injection Control Program
The subsurface environment has been used for centuries to dispose of liquid
wastes; the philosophy was that waste out of sight was out of mind. Realizing that
this type of waste disposal could contaminate ground water prompted the
development of the Underground Injection Control (UIC) program. The UIC
program was one of the first
Safe Drinking Water Act
provisions created
specifically to protect
underground sources of
drinking water. An
underground source of
drinking water is defined as
an aquifer or portion of an
aquifer that supplies a public
water system or contains
sufficient quantity of ground
water to supply a public
water system, that contains
less than 10,000 mg/L total
dissolved solids and that is
not an exempted aquifer.
The UIC program regulates
wells where various
municipal, agricultural,
commercial and industrial
users inject fluids
underground for disposal,
hydrocarbon production and
storage, or mineral recovery.
The UIC program defines an injection well as any bored, drilled or driven shaft or
dug hole, where the depth is greater than the largest surface dimension of the well
and is used to discharge fluids underground; or a subsurface fluid distribution
system. This definition covers a wide variety of injection practices, ranging from
technically sophisticated and highly monitored wells that pump fluids into isolated
formations up to two miles below the Earth's surface, to the far more numerous
on-site drainage systems, such as septic systems, cesspools, and storm water
wells, that discharge fluids a few feet underground. The program requirements
are designed to ensure that injected fluids stay within the wells and the intended
injection zones and do not endanger underground sources of drinking water.
Injection practices not regulated by the UIC program include (1) individual
residential waste disposal systems that inject ONLY sanitary waste and (2)
EPA Region 7 Photo
UNDERGROUND INJECTION CONTROL WELL HEAD
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
A BIODIESEL PLANT?
CHAPTER 1 - PAGE 8
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
commercial waste disposal systems that serve fewer than 20 people that inject
ONLY sanitary waste.
No injection is authorized without approval from the appropriate regulatory
authority. Today, 36 states and territories have primacy for UIC programs and
EPA directly implements 17 programs. These programs regulate more than
500,000 injection wells. The UIC program also oversees the disposal of up to 89
percent of all hazardous waste that is land-disposed in the U.S.
In Region 7, all states except Iowa have been granted primary enforcement
authority to run the UIC program. In the case of Iowa, Region 7 directly
implements that program. These programs regulate the activities of over 33,000
active injection wells in Region 7.
A biodiesel plant is subject to the requirements of the UIC Program if:
It is disposing storm water, cooling water, industrial or other fluids into the
subsurface via an injection well; or
It has an on-site sanitary waste disposal system, for example a septic
system, that serves or has the capacity to serve 20 or more persons; or
It has an on-site sanitary waste disposal system that is receiving other than
a solely sanitary waste stream regardless of its capacity; or
It is undergoing a remediation process where fluids are being introduced
into the subsurface via an injection well to facilitate or enhance the
cleanup.
Facilities that discharge fluids to streams, ponds, lagoons, or treatment facilities
are not subject to the provisions of the UIC program but could be regulated by the
Clean Water Act.
It is important that facilities planning to use an injection well check with the state
environmental, health or natural resources office, listed in the UIC section of
Appendix A, before constructing a new injection well or modifying their existing
injection well to make sure that all of the necessary permits or approvals are in
place before proceeding.
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Ground Water/Source Water Protection Programs
Unlike other EPA environmental programs,
there is no "National Ground Water Act" with
congressionally mandated legislation to protect
ground water on a national basis. Rather, EPA
has chosen a two-prong approach:
1. Almost every EPA program has some
measure of ground water protection
written into its legislation. Therefore, by
carrying out these programmatic
responsibilities, each program office
contributes to EPA's overall ground
water protection effort.
2. Since formation of EPA's Office of
Ground Water Protection in 1984, EPA
has placed the primary responsibility for
developing, implementing, and
coordinating ground water protection
programs with the states.
PROTECTING GROUND WATER
FROM CONTAMINATION PROVIDES
A CLEAN SOURCE OF DRINKING
WATER
The following is a summary of the most significant ground water-related
programs that might affect biodiesel plant operations:
Ground Water Protection Strategy - In 1984, EPA released its "Ground Water
Protection Strategy" in which the Agency proposed a national program to protect
ground water as a resource. Among its provisions was the principle that states are
responsible for managing the ground water resources within their own borders. In
response to the national strategy, each state developed its own ground water
protection strategy.
Wellhead Protection Program - The Safe Drinking Water Act Amendments of
1986 contained a new ground water initiative, the Wellhead Protection Program.
Congress directed that an area around every public water supply well be defined,
managed, and protected from human-caused sources of contamination. All of the
states in Region 7 have approved state wellhead protection programs.
Sole Source Aquifer Program - Some aquifers are so important as drinking
water supplies that there are no reasonably available alternative sources if they
should become contaminated. Under the provisions of the Safe Drinking Water
Act, an individual or group may petition EPA to designate an aquifer as a sole
source aquifer. EPA then has special authority to review projects that receive
federal financial assistance and that could pose environmental hazards to water
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
quality. Region 7 currently has no sole source aquifers, however the potential for
such delegations does exist.
Source Water Protection Program - The Safe Drinking Water Act Amendments
of 1996 added another initiative, the Source Water Protection Program. The
program goes beyond just protecting ground water, which previous legislation has
created, to encompass protecting the source of every community's water supply,
regardless of whether it is from ground water or surface water. All of the states in
Region 7 have an approved state source water protection program.
It is important that facilities check with the state environmental, health or natural
resources office listed in the Source Water Protection Program section of
Appendix A prior to construction or modification to ensure that they will comply
with any source water protection requirements before proceeding.
1.4 Clean Air Act
The Clean Air Act,
which was last
amended in 1990,
requires EPA to set
national ambient air
quality standards for
widespread
pollutants from
numerous and
diverse sources
considered harmful
to public health and
the environment.
The Clean Air Act
establishes two types
of national air
quality standards:
1. Primary Standards, which set limits to protect public health, including the
health of sensitive populations such as asthmatics, children and the elderly.
2. Secondary Standards, which set limits to protect public welfare, including
visibility, animals, crops, vegetation, and buildings.
EPA has set national ambient air quality standards for six principal pollutants
called "criteria" pollutants. Standards have been set for particulate matter, carbon
monoxide, sulfur dioxide, nitrogen oxides, lead and ozone. Note, volatile organic
compounds lead to the formation of ozone (smog). Areas that have air quality as
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
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good or better than the standards for a criteria pollutant are classified as
attainment areas for that pollutant. Areas that do not meet the standards for a
criteria pollutant are classified as nonattainment areas for that pollutant.
Consequently, an area may be an attainment area for one pollutant and a
nonattainment area for another. The attainment/nonattainment designation may
change over time. Attainment/nonattainment status can be determined from 40
CFRPartSl or at:
www.epa. gov/oar/oaqps/greenbk
During the production of biodiesel, criteria pollutants are released into the air. If
the oilseeds are processed at the plant, particulate matter (including tiny
particulates less than 10 microns in diameter known as particulate matter or PMio)
are released during receipt and handling of the seeds. Particulate matter could
also be released during the mechanical extraction process. During the chemical
extraction process and oil pretreatment process, volatile organic compounds
(VOCs) are released. Some of these organic compounds are known as hazardous
air pollutants (HAPs), which include methanol and hexane.
The biodiesel reaction process units include reactors, decanters, wash tanks,
stripper columns, and distillation columns. This process will emit VOCs,
including hexane (when chemically extracted soybean oil is used), methanol and/
or ethanol (depending on the alcohol used in the reaction process). To control air
emissions from this process, condensers, scrubbers, and process flares are
generally used. The combustion process from boilers which provide the steam
and energy to the process equipment, emergency backup equipment, and the
flares generate combustion byproducts such as nitrogen oxides (NOX), carbon
monoxide (CO), sulfur dioxide (SCh), PMio, PM 2.5 (particulates less than 2.5
microns in diameter), VOCs and HAPs.
Emissions may also result from other activities and equipment such as storage
tanks, biodiesel and glycerin load out, (VOCs and HAPs), fugitive emissions from
equipment leaks (VOCs and HAPs), and from cooling towers and haul roads
(particulate matter).
Stationary sources are required to obtain a
construction permit before the construction of a new
facility or before modifying an existing source.
The Clean Air Act requires that certain permits be obtained to minimize air
emissions and protect human health and the environment before construction
begins on a biodiesel plant. These permits are described hereafter.
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Air Construction Permits
The Clean Air Act established a pre-construction permitting program in order to
preserve and protect the national ambient air quality standards and enhance air
quality. It is known as the new source review program.
Permits are legal documents which include
requirements that the source must follow
throughout the life of the facility.
It is very important for facilities to be familiar
with the requirements contained in their
construction permits.
New source review permits are issued by state or local air pollution control
agencies. In very rare circumstances, EPA might issue the permit. We
recommend having pre-application meetings with the permitting agency for
construction permits; this ensures your application is complete which helps speed
up the permitting process.
There are two kinds of new source review pre-construction permits:
1. Major Construction Permits
2. Minor Construction Permits
The type of permit required depends on the facility's potential to emit pollutants
and the location of the facility.
Major Construction Permits
There are two types of major construction permits under the new source
review program:
Prevention of Significant Deterioration permits, and
Nonattainment New Source Review permits.
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Prevention of Significant Deterioration Permits
Prevention of significant deterioration permits are required for a new
major source or an existing major source making a major modification, in
an attainment or unclassifiable area.
Under the prevention of significant
deterioration program, a source is
considered to be a major source if the
facility has the potential to emit 100
tons per year or more of any regulated
new source review pollutant if the
source is one of the specific source
categories listed in the prevention of
significant deterioration regulations
[40 CFR 52.21(b)(l)(i)(a)] or 250
tons per year of any criteria pollutant
for sources not specifically listed in
the prevention of significant
deterioration regulations. The 100
tons per year major source threshold
applies to most biodiesel plants.
PREVENTION OF SIGNIFICANT
DETERIORATION PERMITS HELP
MAINTAIN AIR QUALITY
A major modification is any physical change or change in the method of
operation of an existing major stationary source that would result in a
significant net emissions increase of any regulated new source review
pollutant. The prevention of significant deterioration significance
thresholds for the various regulated new source review pollutants are listed
in 40 CFR 52.21(b)(23)(i). The significant thresholds for the criteria
pollutants are:
Carbon monoxide: 100 tons per year
Nitrogen oxides: 40 tons per year
Sulfur dioxide: 40 tons per year
Particulate Matter
> 25 tons per year of particulate matter emissions
> 15 tons per year of PM1Q
> 10 tons per year of PM 2 5
Note: On May 16, 2008, EPA promulgated the rule for the
implementation of "New Source Review for Fine Particles." This
rule is available at
www.epa.gov/fedrgstr/EPA-AIR/2008/May/Day-16/al0768.pdf
Ozone: 40 tons per year of VOCs or nitrogen oxide
Lead: 0.6 tons per year
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
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The prevention of significant deterioration program requires the following
elements:
Installation of the best available control technology,
An air quality analysis,
An additional impact analysis,
Protection of Class I areas, and
Public involvement.
Best Available Control Technology
Best available control technology considers energy, environmental, and
economic impacts on a case-by-case basis. Best available control
technology can be add-on pollution control equipment or modification of
the production process or methods. This includes fuel cleaning or
treatment and innovative fuel combustion techniques. Best available
control technology may be a design, equipment, work practice, or
operational standard if imposition of an emission standard is not feasible.
Best Available Control Technology (BACT) is an
emissions limitation based on the maximum degree
of control that can be achieved.
Air Quality Analysis
The main purpose of an air quality analysis is to demonstrate that new
emissions emitted from a proposed major stationary source or major
modification, in conjunction with other applicable emissions from existing
sources, will not cause or contribute to a violation of any applicable
national ambient air quality standard or prevention of significant
deterioration increment. Generally, the analysis will involve:
An assessment of existing air quality, which might include ambient
monitoring data and air quality dispersion modeling results, and
Predictions, using dispersion modeling, of ambient concentrations
that will result from the applicant's proposed project and future
growth associated with the project.
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
BIODIESEL PRODUCTION FACILITIES CAN IMPROVE AIR
QUALITY WHEN USING BEST AVAILABLE CONTROL
TECHNOLOGY
Prevention of
significant
deterioration
increments generally
keep the air quality in
clean areas well below
the concentration set
by the national
ambient air quality
standard. The national
ambient air quality
standard is a maximum
allowable concentration
ceiling. The prevention
of significant
deterioration increment is the maximum allowable increase in ambient
concentration that is allowed to occur above a baseline concentration for a
pollutant. The baseline concentration is defined for each pollutant. In
general, it is the ambient concentration existing at the time that the first
complete prevention of significant deterioration permit application
affecting the area was submitted. Significant deterioration is said to occur
when the amount of new pollution, in addition to pollution changes since
the baseline date, cause the change in air quality to exceed the applicable
prevention of significant deterioration increment. It is important to note,
however, that the air quality cannot deteriorate beyond the concentration
allowed by the applicable national ambient air quality standard, even if not
all of the prevention of significant deterioration increment is consumed.
Impacts Analysis
The additional impacts analysis assesses the impacts of air, ground, and
water pollution on soils, vegetation, and visibility from any increase in
emissions of any regulated pollutant from the source or modification under
review and from associated growth. Associated growth is industrial,
commercial, and residential growth that will occur in the area because of
the source.
Public Involvement
The public will be offered an opportunity to comment and request a public
hearing on the permit before it is issued. Comments are considered by the
permitting agency and they may result in changes to the permit. The
public may also appeal permits.
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Nonattainment New Source Review Permits
Nonattainment new source review applies to new major sources or major
modifications at existing major sources for pollutants where the source is
in an area that is not in attainment with the national ambient air quality
standards, also called a "nonattainment area." In a nonattainment area,
any stationary pollutant source with the potential to emit 100 tons per year
or more is considered a major source. Nonattainment new source review
requirements are customized for the specific nonattainment area. The
nonattainment areas in Region 7 are depicted in the graphic below.
Major Cities I 1 S02M
I | STATES I LEiCJ.l
| 8HRQZONE_M
^H PM25_KA.3HROZONE_NA
^f PM25_KA.3HROZONE_KA.CO_M
I I PM25 HA.8HFTOZONE HA. LEAD NA
Region 7 Nonattainment and Maintenance Areas
As of July 22, 2008
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
All nonattainment new source review programs require:
Installation of the lowest achievable emission rate,
Emission offsets, and
Opportunity for public involvement.
The lowest achievable emission rate is the most stringent emission
limitation derived from either of the following:
The most stringent emission limit contained in the implementation
plan of any state for such class or category of source, or
The most stringent emission limit achieved in practice by such
class or category of source.
The emissions rate may result from a combination of emissions limiting
measures such as:
Add-on pollution control equipment,
A process modification, and/or
A change in the raw material processed.
Offsets are emission reductions, generally obtained from existing sources
in the vicinity of a proposed source that must offset the emissions increase
from the new source or modification and provide a net air quality benefit.
The purpose for requiring offsetting emissions decreases is to allow for
some industrial growth in an area without interfering with progress
toward attainment of the national ambient air quality standards.
Minor Construction Permits
Minor new source review is for pollutants from stationary source projects that
do not require prevention of significant deterioration or nonattainment new
source review permits. The purpose of minor new source review permits is to
prevent accumulation of minor emissions increases that would interfere with
attainment or maintenance of national ambient air quality standards or violate
the control strategy in nonattainment areas. Minor new source review permits
often contain permit conditions that will limit the source's emissions to avoid
becoming subject to the prevention of significant deterioration or
nonattainment new source review regulations. The permit conditions
generally involve enforceable emission and/or operating limits that will ensure
air quality protection. As a result, the permits usually contain record keeping,
reporting, monitoring, and testing requirements to ensure compliance with the
permit conditions.
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
A facility obtaining a minor new source
review construction permit might,
depending on the state's air permitting
requirements, be required to conduct an
air quality review using computer
modeling to predict the effects that a
facility might have on the ambient air.
Whether or not a facility needs to model
will depend on the rate of emissions
increase, facility history, plant location,
type of source, and emission point
configurations, such as stack heights. A
construction permit cannot be issued if
the plant will cause or significantly
contribute to predicted violations of any
ambient air quality standard.
MINOR CONSTRUCTION PERMITS HELP
PREVENT AIR POLLUTION
The public is given notice when a construction permit might be issued. Each
state has different procedures for notification on minor new source review
permits. Please check with the applicable state to verify the procedures.
New Source Performance Standards
New source performance standards establish technology-based standards that
regulate criteria air pollutants from new or modified sources. These regulations
were developed to assure that sources are installing the best-demonstrated
technology to reduce emissions.
New source performance standards contain emission limits; control device or
equipment requirements; and work practice, performance testing, monitoring,
record keeping, notification, and reporting requirements. These regulations can
be found in 40 CFR Part 60. For example, a work practice required under the new
source performance standards subparts VV and VVa involves the implementation
of a Leak Detection and Repair (LDAR) program. The purpose of the LDAR
program is to reduce emissions of pollutants from equipment that is leaking (e.g.,
from valves, pumps, compressors, etc.). The LDAR program is designed to
identify leaking equipment by requiring monitoring at specified regular intervals.
Any leaking equipment must then be repaired or replaced within a specified time
frame. Record keeping and reporting is also required by the LDAR program.
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
The following new source performance standards from 40 CFR Part 60 typically
apply to biodiesel plants:
SubpartA- General Provision. Sources subject to the requirements
might be subject to all or only a portion of the general
provisions.
Subpart Db - Industrial - Commercial - Institutional Steam
Generating Units
Units with a capacity more than 100 million Btu per hour (MMBtu/hr)
Includes boilers and thermal oxidizers/waste-heat recovery boilers
Built, reconstructed, or modified after June 19, 1984
Regulated pollutants
> Nitrogen oxides, particulate matter, sulfur dioxide
> Opacity
Subpart DC - Small Industrial - Commercial - Institutional Steam
Generating Units
Units with a capacity of 10 MMBtu/hr or more and less than or equal
to 100 MMBtu/hr
> Includes boilers and thermal oxidizers/waste-heat recovery boilers
Built, reconstructed, or modified after June 9, 1989
Regulated pollutants
> Particulate matter, sulfur dioxide
> Opacity
Subpart Kb - Volatile Organic Liquid Storage Vessels
Vessels with a capacity of 75 m (approximately 19,800 gallons) or
more
Built, reconstructed, or modified after July 23, 1984
Regulated pollutant
> Volatile organic compounds
Subpart VV - Equipment Leaks of VOC in the Synthetic Organic
Chemicals Manufacturing Industry (SOCMI) for
which Construction, Reconstruction, or Modification
Commenced After January 5,1981, and on or Before
November 7, 2006
Affected facilities in the synthetic organic chemicals manufacturing
industry (note: glycerol is on the list of regulated synthetic organic
chemicals)
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Built, reconstructed, or modified after January 5, 1981, and on or
before November 7, 2006
Regulated pollutant
> Volatile organic compounds
Subpart Wa - Equipment Leaks of VOC in the Synthetic Organic
Chemical Manufacturing Industry (SOCMI) for
which Construction, Reconstruction, or Modification
Commenced After November 7, 2006
Affected facilities in the synthetic organic chemicals manufacturing
industry (note: glycerol is on the list of regulated synthetic organic
chemicals)
Built, reconstructed, or modified after November 7, 2006
Regulated pollutant
> Volatile organic compounds
Subpart NNN - VOC Emissions From Synthetic Organic Chemical
Manufacturing Industry (SOCMI) Distillation
Operations
Affected facilities in the synthetic organic chemicals manufacturing
industry (note: glycerol is on the list of regulated synthetic organic
chemicals)
Built, reconstructed, or modified after December 30, 1983
Regulated pollutant
> Volatile organic compounds
Subpart RRR- VOC Emissions From Synthetic Organic
Chemical Manufacturing Industry (SOCMI)
Reactor Processes
Affected facilities in the synthetic organic chemicals manufacturing
industry (note: glycerol is on the list of regulated synthetic organic
chemicals)
Built, reconstructed, or modified after June 29, 1990
Regulated pollutants
> Volatile organic compounds
Subpart IIII - Stationary Compression Ignition Internal
Combustion Engines
Owners and operators of stationary compression ignition internal
combustion engines that begin construction (for this regulation, the
date that construction begins is the date the engine is ordered by the
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
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owner or operator) after July 11, 2005 where the stationary
compression ignition internal combustion engines are:
> manufactured after April 1, 2006 and are not fire pump engines, or
> manufactured as a certified National Fire Protection Association
fire pump engine after July 1, 2006
Owners and operators of stationary compression ignition internal
combustion engines that modify or reconstruct their stationary
compression ignition internal combustion engines after July 11, 2005.
Regulated pollutants
> Nitrogen oxides, particulate matter, carbon monoxide
> Non-methane hydrocarbons (NMHC)
> Sulfur oxides (through the use of lower sulfur fuels)
Subpart JJJJ - Stationary Spark Ignition Internal Combustion
Engines
Owners and operators of stationary spark ignition internal combustion
engines that begin construction (for this regulation, the date that
construction begins is the date the engine is ordered by the owner or
operator) after June 12, 2006, where the stationary spark ignition
internal combustion engines are manufactured:
> On or after July 1, 2007, for engines with a maximum engine
power greater than or equal to 500 UP (except lean burn engines
with a maximum engine power greater than or equal to 500 HP and
less than 1,350 HP):
> On or after January 1, 2008, for lean burn engines with a maximum
engine power greater than or equal to 500 UP and less than 1,350
HP;
> On or after July 1, 2008, for engines with a maximum engine
power less than 500 HP; or
> On or after January 1, 2009, for emergency engines with a
maximum engine power greater than 25 HP.
Owners and operators of stationary spark ignition internal combustion
engines that begin modification or reconstruction after June 12, 2006.
Regulated pollutants
> Nitrogen oxides, carbon monoxide and volatile organic compounds
> Sulfur oxides (through the use of lower sulfur fuels)
Facilities should be aware of these rules during the planning
stages of a new plant or modification. The New Source
Performance Standards requirements may have influence over
the equipment and control devices that will be installed.
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National Emission Standards for Hazardous Air Pollutants
National emission standards for hazardous air pollutants regulate hazardous air
pollutant emissions from stationary sources through technology-based standards,
known as Maximum Achievable Control Technology (MACT) standards. MACT
standards are designed to require that a given type of source install the best-
demonstrated control technology available. New and existing facilities that fall
within listed source categories and are major sources of hazardous air pollutants
are subject to the MACT standards (although, there are a few MACT standards
that include area sources). A major source of hazardous air pollutants has the
potential to emit 10 tons per year of a single pollutant or 25 tons per year of a
combination of pollutants. There are 187 regulated hazardous air pollutants. A
list of them can be found at:
http://www.epa.gov/ttn/atw/origl89.html
MACT standards contain emission limits; control device or equipment
requirements; and work practice, performance testing, monitoring, recordkeeping,
notification, and reporting requirements. MACT standards can be found in 40
CFR Part 63. The following MACT standards might apply to biodiesel plants.
SubpartA- General Provisions. Sources subject to MACT
requirements might be subject to all or portions of the
general provisions.
SubpartB- Case-by-Case MACT. Major hazardous air pollutant
sources that construct or reconstruct and are not already
covered by a MACT must obtain a construction permit
with a case-by-case MACT.
Subpart FFFF - Miscellaneous Organic Chemical Manufacturing
Major hazardous air pollutant sources that operate miscellaneous
organic chemical manufacturing process units.
Compliance date
> Existing sources - May 10, 2008
> New sources
Startup before November 10, 2003 - comply by
November 10, 2003
Startup after November 10, 2003 - comply upon startup
Subpart GGGG - Solvent Extraction for Vegetable Oil Production
Major hazardous air pollutant sources using an organic solvent, such
as hexane, to extract vegetable oil from oil seeds such as soybean, corn
germ, safflower etc.
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Compliance date
> Existing sources - April 12, 2004
> New sources
- Startup before April 12, 2001 - comply by April 12, 2001
Startup after April 12, 2001 - comply upon startup
Subpart ZZZZ - Reciprocating Internal Combustion Engines
An affected source is any existing, new or reconstructed stationary
reciprocating internal combustion engine (RICE) located at a major or
area (not a major) source of hazardous air pollutant emissions.
Major Sources
> Compliance date
Existing stationary RICE greater than 500 brake horsepower
(HP) located at a major source of HAP emissions - comply by
June 15,2007.
New or reconstructed stationary RICE greater than 500 brake
HP located at a major source of HAP emissions which started
up before August 16, 2004 - comply by August 16, 2004.
° New or reconstructed stationary RICE greater than 500 brake
HP located at a major source of HAP emissions which started
up after August 16, 2004 - comply upon start up.
° New or reconstructed stationary RICE less than or equal to 500
brake HP located at a major source of HAP emissions, which
started up before January 18, 2008 - comply no later than
January 18,2008.
° New or reconstructed stationary RICE less than or equal to 500
brake HP located at a major source of HAP emissions, which
started up after January 18, 2008 - comply upon start up.
Area (not major) Source
> Compliance date
° New or reconstructed stationary RICE located at an area source
of HAP emissions which started up before January 18, 2008 -
comply by January 18, 2008
° New or reconstructed stationary RICE located at an area source
of HAP emissions which started up after January 18, 2008 -
comply upon start up
Subpart DDDDD - Industrial, Commercial, and Institutional Boilers
and Process Heaters
This rule was vacated on June 8, 2007, by the U.S. Court of Appeals
for the District of Columbia.
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
It is essential for a facility to be aware that MACT standards might apply to their
plant prior to construction. Facility operators who construct after a rule is
proposed that will apply to the facility must be in compliance with that rule by the
time they begin operation of the plant.
Risk Management Program Considerations
The Risk Management Program is a requirement of 40 CFR Part 68 under the
Clean Air Act Section 112(r). The purpose of this program is to prevent
catastrophic accidents involving extremely hazardous chemicals. Consideration
of these regulations during the planning and design of a biodiesel plant could save
the facility from costly after-construction retrofits. See Chapter 2, Page 31, for
more information about the Risk Management Program.
Under the Clean Air Act Section 112(r)(1), facilities,
including BIODIESEL PRODUCTION FACILITIES of any
size, have a GENERAL DUTY "to prevent releases, and
to minimize the consequences of accidental releases
which do occur." Implementing "BEST PRACTICES"
helps facilities to comply with this law.
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
1.5 Resource Conservation and Recovery Act
Section 3005 of the Resource Conservation
and Recovery Act (RCRA) requires facilities
that treat, store, or dispose hazardous waste
to obtain an operating permit from the state
agency or EPA. Recognizing this could be a
long and costly effort for facilities that want
only to properly manage their own hazardous
waste, the EPA wrote regulations for
hazardous waste generators that would
exempt them from the permitting
requirements yet ensure proper disposition of
the hazardous wastes. These regulations,
found at 40 CFR 262.34, place certain
restrictions on the hazardous waste generator
yet allow specific on site management of the
hazardous waste. Compliance with the
requirements of Section 262.34 allows
facilities to safely manage their hazardous
waste without obtaining a permit. Violating
CHECK THE REGULATIONS TO SEE IF
A PERMIT IS REQUIRED FOR THE
MANAGEMENT OF HAZARDOUS
WASTE AT YOUR FACILITY
these standards is equivalent to managing hazardous waste without a permit.
These exemptions allow facilities to treat hazardous waste in limited
circumstances and accumulate hazardous wastes for specific reasonable periods
prior to shipping off site to a permitted treatment, storage and disposal facility
(TSDF). Disposal remains limited to a permitted TSDF.
In addition to the exemptions, a facility that will generate (or accumulate in
Missouri) hazardous waste in quantities greater than 100 kg in any calendar
month (25 kg per month in Kansas) must notify the state and obtain a generator
identification number. In the Region 7 State of Iowa, generators must contact the
EPA rather than the state. The ID number will begin with the state abbreviation
followed by a letter or numeral and then nine numerals; for example
NED123456789. Such notification may be accomplished by submitting EPA
Form 8700-12, Notification of Regulated Waste Activity. This form is available
on the Internet at
www. epa. gov/osw/inforesources/data/form8 700/forms. htm.
The hazardous waste generator regulations are discussed in greater detail in
Chapter 2, Section 2.3.
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
A BIODIESEL PLANT?
CHAPTER 1 - PAGE 26
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
1.6 Pollution Prevention Act
Pollution prevention is the practice of eliminating or reducing waste at its source.
Literally, the effort is to stop something from becoming waste in the first place.
Pollution prevention includes these practices:
Modify production processes
Promote the use of non-toxic or less-toxic
substances
Implement conservation techniques; and
Re-use materials rather than putting them into the
waste stream
LOGO FOR ERA'S
POLLUTION
PREVENTION
PROGRAM
The pollution prevention website, http ://www. epa.gov/p2/ , identifies resources
that will enable a business to strengthen the bottom line - producing better
products and increasing profits.
Pollution Prevention On-Line
http://www.epa.gov/p2/
Where you live - Regional and state contacts for information and assistance
Grants and funding - Funds given to states and tribes that in turn provide support
to local businesses
Laws and policies - Explanation of the Pollution Prevention Act of 1990 with links
to supporting policies
Partnerships - EPA's voluntary programs that promote sustainable business
practices, cleaner technologies/processes and safer products
Technical Assistance - Services, case studies and technical support that helps
businesses enhance their pollution prevention programs
Tools - Databases, case studies measuring results and on-line calculators
Publications - Sources for fact sheets, case studies and activities
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
A BIODIESEL PLANT?
CHAPTER 1 - PAGE 27
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Pollution Prevention Opportunities
A pollution prevention program includes a systematic process that identifies ways
to reduce or eliminate waste. The four process phases are:
1. Plan and Organize
2. Assess Focus
nand
3. Analyze Feasibility, and
4. Implement
The first phase is plan and
organize. This includes the
careful review of a business'
operations and non-product.
The output of this phase is the
selection of a particular unit
operation or waste stream for
further analysis.
The second phase is assess focus. During this phase, a number of options with the
potential to minimize the waste are developed and screened. The output from this
phase is specific activities for further analysis.
Technical and financial considerations are emphasized during the feasibility
phase. The most promising options are selected for the final implementation
phase.
Pollution Prevention Insights and Best Practices
EPA Region 7 tasked the expert researchers at the Pollution Prevention Resource
Information Center (http://www.P2RIC.org ) to provide updates on the science
and best practices of biofuels production. Findings are summarized in Appendix
G, and are intended to assist businesses with pollution prevention strategies.
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
A BIODIESEL PLANT?
CHAPTER 1 - PAGE 28
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
More Pollution Prevention Information
The EPA's "Facility Pollution Prevention Guide" (publication number
EPA/600/R-92/088) contains step-by-step directions and pollution prevention
assessment forms to help businesses with this entire process.
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This guide is available on-line at http://www.p2pays.org/ref/01/00370.pdf. The
P2Pays website is maintained by the North Carolina Department of Environment
and Natural Resources.
CHAPTER 1 -WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
A BIODIESEL PLANT?
CHAPTER 1 - PAGE 29
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
1.7 Toxic Substances Control Act
The Toxic Substances Control Act (TSCA), enacted by Congress in 1976, gives
EPA broad authority to identify and control chemical substances that may pose a
threat to human health or the environment. EPA's New Chemicals Program,
located in the Office of Pollution Prevention and Toxics, was established to help
manage the potential risk from chemical substances [including genetically
modified (intergeneric) microorganisms] new to the marketplace, and addresses
this mandate under Section 5 of TSCA.
Under TSCA, EPA classifies chemical substances as being either "existing" or
"new." To determine if a substance is a "new" chemical, consult EPA's
Nonconfidential TSCA Chemical Substance Inventory commonly referred to as
the Inventory, which lists "existing" substances. Potential submitters are advised
to submit a bona fide notice of intent to manufacture or import a chemical
substance to the Agency to determine if the chemical is listed on the confidential
TSCA Inventory.
Anyone who plans to manufacture or import a new chemical substance for a non-
exempt commercial purpose is required by Section 5 of TSCA to provide EPA
with notice before initiating the activity. This premanufacture notice, or PMN,
must be submitted at least 90 days prior to the manufacture or import of the
chemical.
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
A BIODIESEL PLANT?
CHAPTER 1 - PAGE 30
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Some new chemical substances are not subject to PMN reporting. These
substances are either (1) excluded from TSCA reporting or (2) exempt from all or
part of PMN reporting because EPA has determined that they do not warrant
review or require only a short
review. EPA does not review new
substances in the following
product categories, which are
excluded from TSCA authority at
Section 3(2)(B) of the Toxic
Substances Control Act: tobacco
and certain tobacco products,
nuclear materials, munitions,
foods, food additives, drugs,
cosmetics, and substances used
solely as pesticides. These
substances fall under the
jurisdiction of other federal laws
and are reviewed by other federal
programs. Substances used solely
as pesticides are reviewed by a
separate EPA Pesticides Program.
In addition, the following are excluded from PMN reporting under certain
conditions: naturally-occurring materials, products of incidental reactions,
products of end-use reactions, mixtures (but not mixture components), impurities,
byproducts, substances manufactured solely for export, nonisolated intermediates,
and substances formed during the manufacture of an article. See 40 CFR Section
Section 710.4(b) and 720.30(a)-(h) for more information about exclusions from
PMN reporting.
EPA has limited or no reporting requirements for new chemical substances in the
following cases: low volumes (less than 10,000 kilograms per year), low releases
and exposures, test marketing, polymers, research and development. See
http://www.epa.gov/oppt/newchems/ for more information on these exemptions
and on the TSCA new chemicals process, including the TSCA Inventory and
whether a notice is required.
Naturally occurring chemical substances are implicitly included on the TSCA
Inventory. Any chemical substance which is naturally occurring and which is
unprocessed, processed only by 1) manual, mechanical, or gravitational means, 2)
dissolution in water, 3) flotation, or 4) heating solely to remove water, or which is
extracted from air by any means, will automatically be included in the Inventory.
Examples of such substances are raw agricultural commodities; water, air, natural
gas, and crude oil; and rocks, ores, and minerals.
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
A BIODIESEL PLANT?
CHAPTER 1 - PAGE 31
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
New Genetically Engineered Microbes
Under a 1986 intergovernmental policy statement, intergeneric microorganisms
are considered new chemicals under TSCA Section 5. A 1997 biotechnology rule
sets forth the manner in which the Agency reviews and regulates the use of
intergeneric microorganisms in commerce, or commercial research.
Microorganisms subject to this rule are "new" microorganisms used commercially
for such purposes as production of industrial enzymes and other specialty
chemicals; agricultural practices such as biofertilizers, and breakdown of chemical
pollutants in the environment.
The 1997 rule continues the interpretation of "new" microorganism first put forth
by EPA in 1986. "New" microorganisms are those microorganisms formed by
combining genetic
material from organisms
in different genera
(intergeneric). A genus
(pi. genera) is a level in a
classification system
based on the relatedness
of organisms. EPA
believes that intergeneric
microorganisms have a
sufficiently high
likelihood of expressing
new traits or new
combinations of traits to
be termed "new" and
warrant review.
Microorganisms that are
not intergeneric would
not be "new", and thus
would not be subj ect to ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
reporting under Section 5
of TSCA. These regulations create a reporting vehicle specifically designed for
microorganisms, the Microbial Commercial Activity Notice (MCAN). Like the
PMN, persons intending to use intergeneric microorganisms for commercial
purposes in the United States would submit an MCAN to EPA at least 90 days
before such use. EPA has 90 days to review the submission in order to determine
whether the intergeneric microorganism may present an unreasonable risk to
human health or the environment.
CHAPTER 1 - WHAT ENVIRONMENTAL LAWS APPLY WHEN I'M PLANNING TO BUILD OR MODIFY
A BIODIESEL PLANT?
CHAPTER 1 - PAGE 32
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How Biodiesels Fit under TSCA
Biodiesels often vary with the source, and most biodiesels are processed in a way
that they do not fit the "naturally occurring" criterion of the TSCA Inventory.
Some biodiesels will be made using techniques, such as metabolic engineering,
that require the use of intergeneric microbes, thus making the microbes subject to
TSCA. Biodiesels generally would fit a classification called UVCB, or
"Unknown or Variable compositions, Complex reaction products and Biological
materials."
Substances on the TSCA Inventory are divided into two classes for ease of
identification:
Class 1 substances are those single compounds composed of molecules
with particular atoms arranged in a definite, known structure. Examples
of Class 1 substances include: acetone, iron, benzene and
dimethylmercury. These substances have discrete molecular formulas and
fully-defined structural diagrams
Many commercial substances that are subject to TSCA are not Class 1
substances. They may have unknown or variable compositions or be
composed of a complex combination of different molecules. These are
designated Class 2 substances.
Biodiesels fit into a subgroup of Class 2 substances, called UVCB. The
UVCBs include substances that have no definite molecular formula
representations and have either partial/indefinite structural diagrams or no
structural diagrams. Each name for a UVCB substance includes more
than one molecular entity: as such, each UVCB can be considered to be a
category of molecules, often closely related.
See http://www.epa.gov/opptintr/newchems/pubs/invntory.htm for more
information on the TSCA Inventory.
See http://www.epa.gov/oppt/biotech/index.htm for more information on the
TSCA Biotechnology Program, and also "Microbial Products of Biotechnology;
Final Regulation Under the Toxic Substances Control Act," Federal Register:
April 11, 1997 (Volume 62, Number 70) pp. 17909-17958.
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CHAPTER 2
WHAT ENVIRONMENTAL LAWS
APPLY TO OPERATING A
BIODIESEL PLANT?
This chapter discusses environmental laws and
regulations that might apply to the operation of a
biodiesel production facility.
I
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
2.1 Clean Water Act
A biodiesel production facility typically uses water for cooling and for washing
the biodiesel product to remove impurities. Some small biodiesel operators may
use resin instead of water to remove impurities, discussed in Pollution Prevention
Appendix G of this manual. Those facilities using water will generate
wastewater, which can include cooling tower blowdown, boiler blowdown, and
water softener discharge. These wastewater streams are not concentrated wastes.
The washwater contains glycerin, methanol, unreacted feed oils, and some
biodiesel. The washwater is a high strength waste.
In addition, stormwater runoff from the facility may be contaminated from
precipitation (rain or snow) coming in contact with facility operations and
requires adequate control and management.
Wastewater Discharge Permits
Wastewater from a biodiesel facility can be disposed in various ways. The
method of disposal determines what kind of permit is needed and what permitting
authority will issue it. In general, there are three alternatives for the disposal of
wastewater:
Direct discharge to a receiving stream
Discharge to a municipal wastewater treatment system
Land application
Permits for Disposal Directly to a Water Body
Any discharge directly into a water bodyfor example, a stream, river, or lake;
or by conveyance by a pipe or culvert to a water body, must be permitted prior to
discharge. In Region 7, these permits are issued by the state in which the
biodiesel facility will be located under the
National Pollutant Discharge Elimination
System (NPDES), the federal water
pollution control program created by the
Clean Water Act.
An NPDES permit regulates the amount of
pollutants that can be discharged. The
permit writer will establish limits in the
permit that protect the water quality of the
receiving water body. In addition to
numeric effluent limitations, NPDES
DIRECT DISCHARGE OF WASTE INTO A
SURFACE WATER BODY CONTRIBUTES
TO WATER POLLUTION
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 2
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
permits will include monitoring, reporting, and record keeping requirements.
Permits are required whether or not on-site treatment occurs.
To receive an NPDES permit, a written application must be made with the
respective state agency 180 days prior to commencing discharge. The application
will consist of multiple forms covering different aspects of the discharge. In
general, the application forms will include:
General Information
Existing Industrial Wastewater
New Source and New Discharger Industrial Wastewater
Non-Process Wastewater only
Stormwater Discharges Associated with Industrial Activity
For further information, refer to the state contact information in Appendix A
under CWA National Pollutant Discharge Elimination System (NPDES) Permits.
Permits to Discharge to a Municipal Wastewater Treatment System
Most of the larger cities in Region 7 (Iowa, Kansas, Missouri, and Nebraska)
implement an EPA or state-approved pretreatment program to prevent wastewater
discharges from having a deleterious affect on their treatment plant, collection
system, and the water body into which they
discharge. Cities with pretreatment programs
issue permits to significant industrial users,
which are those facilities that discharge a
minimum of 25,000 gallons per day of
wastewater, 5% of the receiving wastewater
treatment plant's capacity, or have been
determined by the city to have significant
potential to affect their plant and its
operations. The city will require a permit
application be filed with the city pretreatment
coordinator prior to discharge. The amount of
time required for the permit application to be
filed prior to discharge can vary but may be as
long as 180 days. The pretreatment permit
will contain numeric limits based on local
treatment plant capabilities and environmental
conditions. In addition, the permit will also
contain monitoring, reporting, and record
keeping requirements.
DETERMINE WHETHER
PRETREATMENT PERMIT
REQUIREMENTS APPLY TO YOUR
FACILITY
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 3
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
To determine if your city has a pretreatment program, either contact the city's
Public Works Department or contact the state pretreatment coordinator listed in
Appendix A of this document. For discharges to cities that are too small to
implement a pretreatment program, the state is the permitting authority.
Depending on the state in which the facility is located, you may be required to
obtain a discharge permit or enter into a treatment agreement with the
municipality receiving the wastewater. To determine if you will be required to
apply for a permit, contact the state pretreatment coordinator listed in Appendix A
under CWA Pretreatment Program.
Biodiesel washwater and crude glycerin (with or without methanol recovery) have
a very high Biochemical Oxygen Demand (BOD) and are considered a high
strength waste if discharged to a municipal treatment plant. As an example,
normal household wastewater has a BOD of 200 mg/L. Washwater containing
small amounts of glycerin and methanol can have a BOD of 10-15,000 mg/L.
Pure glycerin and methanol have a BOD of about 1,000,000 mg/L. Discharge of
these wastes to a treatment plant with inadequate treatment capacity can crash the
treatment process so that an entire community's waste goes untreated. Glycerin
and methanol are highly biodegradable and, if properly equalized and loaded to a
large enough plant with enough organic capacity, can be a treatable waste.
Most methanol left over from the biodiesel process is in the crude glycerin. EPA
strongly encourages the recovery of methanol and the beneficial use of crude
glycerin from biodiesel production. Regardless of whether methanol is recovered,
the producer must make a hazardous waste determination on the waste glycerin.
If methanol is not recovered from the glycerin, then the producer should likely
make a positive hazardous waste determination prior to disposal since the flash
point of the mixture is likely less than 140°F. See the hazardous waste discussion
on Chapter 2, Page 17, for more information.
Permits for Land Application for Wastewater Disposal
There are no federal regulations that
apply to wastewater that is properly
disposed by land application.
However, land application of
wastewater may be covered by an
NPDES permit (stormwater or non-
stormwater) where it is determined
that pollutants run off the application
site to a water of the U.S. In Region
7, states administer programs that CHECK WITH YOUR STATE BEFORE APPLYING
establish proper land application WASTEWATER TO LAND
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 4
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
procedures to ensure that wastewater is applied at agronomic rates, which are
rates that plants assimilate the nutrients in the wastewater without pollutant loss
through runoff. For more information about land application, contact the state
officials that are listed in Appendix A under CWA National Pollutant Discharge
Elimination System (NPDES) Permits. Land application of a hazardous waste is
prohibited unless that waste water is discharged pursuant to a Clean Water Act
permit. In addition, land application of crude glycerin (as opposed to wastewater)
is environmentally risky.
See Appendix B of this document for more
discussion of land application of glycerin.
Industrial Stormwater Permits
Industrial activity, by its very nature, can create pollution problems if not
controlled. Therefore, industrial facilities must obtain stormwater permits during
plant operation in addition to construction permits described in Chapter 1,
Section 1.2.
EPA's NPDES regulations require that
a stormwater permit be obtained for
discharges to waters of the United
States from certain industrial activities
including biodiesel manufacturing.
These stormwater discharges may be
covered under the NPDES permit
issued for controlling process and
other plant discharges, or they may be
covered by a separate stormwater-only
NPDES permit. Stormwater-only
discharges are typically covered under
a general permit issued by the state
environmental department.
BEFORE BEGINNING CONSTRUCTION, CHECK
WITH YOUR STATE ABOUT STORMWATER
PERMIT REQUIREMENTS
Similar to the stormwater construction permit, industrial stormwater general
permits require submission of a simplified application, for example, a Notice of
Intent. These permits also require development and implementation of a plan,
often called a stormwater pollution prevention plan, to control discharges of
pollutants from the facility during operation. In some instances, these general
permits may include numeric effluent limitations and monitoring and reporting
requirements. Stormwater controls are needed for areas of the facility exposed to
precipitation, such as industrial plant yards, material and waste handling, storage
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 5
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
areas, shipping and receiving areas, and areas of the site where past
materials/residuals still exist.
Permit application due dates vary by state in advance of commencement of
discharge from these industrial activities. Individual stormwater applications are
due at least 180 days prior to commencement of a stormwater discharge
associated with industrial activity. The state and EPA Regional contacts for
industrial storm water permitting are listed in Appendix A of this document.
Spill Prevention, Control and Countermeasure Regulations
The purpose of the Spill Prevention, Control and Countermeasure regulation is to
prevent discharges of oil into navigable waters or adjoining shorelines. The
regulation can be found at 40 CFR Part 112 and is implemented by the EPA.
A biodiesel facility is subject to this regulation if:
It is non-transportation related
It has a total above-ground oil storage capacity
greater than 1,320 gallons or a completely buried
oil storage capacity greater than 42,000 gallons;
and
There is a reasonable expectation of an oil
discharge into or upon navigable waters of the
U.S. or adjoining shorelines.
DISCHARGED OIL INTO
NAVIGABLE WATERS
When calculating oil storage capacity, the facility is required to include:
Storage capacity for oil of any kind in any form as defined in 40 CFR
112.2. This includes oils such as soybean oil, biodiesel, diesel, and animal
fats.
Oil storage and other oil-filled equipment, such as oil-filled transformers
When calculating oil storage capacity, the facility should not include:
Containers with a capacity of less than 55 gallons
Completely buried tanks that are subject to all the technical requirements
of the Underground Storage Tank Regulation (40 CFR Part 280), or
technical requirements of a state underground storage tank program
approved under 40 CFR Part 281
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 6
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Containers that are permanently closed, as defined in 40 CFR 112.2
Parts of the facility used exclusively for wastewater treatment and not
used to satisfy any requirements of 40 CFR Part 112; or
Motive power containers, as defined in 40 CFT 112.2
A "reasonable expectation" that the facility could discharge oil into or upon
navigable waters is based upon the location of the biodiesel plant. The plant's
location relative to streams, ponds, ditches, storm or sanitary sewers, wetlands,
mud flats, sand flats, or rivers should be considered. The distance to navigable
waters, volume of materials stored, worst-case weather conditions, drainage
patterns, land contours, soil conditions, etc., must be taken into account. Man-
made features such as dikes, equipment or other structures which may serve to
restrain, hinder, contain, or prevent an oil discharge may NOT be considered in
the "reasonable expectation" determination [40 CFR 112.1(d)(l)(i).]
Facilities that are subject to the
oil spill prevention regulation
must prepare and implement a
spill prevention plan. The
owner or operator of a facility
existing on or before August
16, 2002, must maintain and
implement the current plan and
amend and implement a plan
revised to meet the 2002 rule
amendments on or before July
1,2009. The owner or
operator of a facility that
became operational after
August 16, 2002, must prepare
and implement a plan on or
before July 1, 2009, or before
beginning operations, whichever is later.
A facility that transfers oil over water, to or from vessels, and has a total oil
storage capacity of 42,000 gallons or more, and a facility that has a total storage
capacity of 1 million gallons or more, might be subject to the Facility Response
Plan requirements in 40 CFR 112, Subpart D. For additional information about
Facility Response Plans, see Appendix F, "Do I need a Facility Response Plan?"
OIL SHEEN ON NAVIGABLE WATERS
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 7
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Reporting Oil Discharges
Oil discharges must be "immediately" reported to the National Response Center if
they are in a quantity that "may be harmful" according to the Clean Water Act
Section 31 l(b)(4) and 40 CFR 110.6.
I
OIL SHEEN ON NAVIGABLE WATERS
An oil discharge must be reported to the National Response Center if
it:
Violates applicable water quality standards
Causes a film or sheen upon or discoloration of the surface of the water or
adjoining shoreline, or
Causes a sludge or emulsion to be deposited beneath the surface of the
water or upon adjoining shoreline
National Response Center Phone Number
800-424-8802
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 8
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
2.2 Safe Drinking Water Act
The Public Water System Supervision Program
If your facility uses its own water supply source to
provide drinking water to 25 or more people per
day for at least 60 days of the year, then you are
required by the Public Water System Supervision
Program to obtain permits for the
construction/modification and operation of the
water supply system. Even if you only use your
own water source for supplying cooling or
industrial processing water, there are several state-
issued water-supply related permits that might be
required. These include:
Water Use Permit - Withdrawing or using
water from a surface or underground source TO YOUR FACILITY
typically requires a water use permit,
depending on the volume of water that will be used daily. Any increase in
water withdrawal/use could require a modification to an existing water use
permit.
Well Construction Permit - Drilling a new well or modifying an existing
well requires a well construction permit.
Operator Certification - Every public water system must be operated by
a trained and qualified operator who is responsible for the quality of the
water and meeting the regulatory requirements. States have programs for
training and certifying operators at a level appropriate to the level of water
treatment at the facility. It is the responsibility of the water system owner
to have a certified operator in charge.
Routine testing - Your drinking water must be tested for compliance with
all the federal and state drinking water standards. The cost of sampling
and analysis is the responsibility of the water system owner. Standards are
set for microbiological contaminants, man-made chemicals and pesticides,
naturally-occurring inorganics, and contamination caused by human
activity, such as lead and nitrates. There are also requirements for
operational testing, record-keeping and reporting, correction of sanitary
deficiencies, and notification of the public when problems occur.
It is important that facilities planning to develop their own water supply or modify
their existing source(s) first check with the state environmental, health or natural
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 9
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
resources office listed in the public water system supervision section of Appendix
A to ensure that all of the necessary permits are in place before proceeding.
If your facility is using water from an existing water supply system such as a
municipal water supply for your drinking water source, then the Public Water
System Supervision Program does not apply. However, if you also plan to use
this existing water supply as the source of cooling or industrial processing water,
you should check with the system operator to make sure the system can provide a
sufficient quantity of water for your needs. This is important for industries which
need large quantities of water for manufacturing or processing.
The Underground Injection Control Program
The Underground Injection Control program regulates
wells that are used by cities, agriculture, business and
industry to inject fluids underground for disposal,
hydrocarbon production and storage, or mineral
recovery. The program defines an injection well as any
bored, drilled or driven shaft or dug hole, where the
depth is greater than the largest surface dimension of
the well and is used to discharge fluids underground or
a subsurface fluid distribution system. This definition
covers a wide variety of injection practices that range
from technically sophisticated and highly monitored
wells that pump fluids into isolated formations up to
two miles below the Earth's surface to the far more
numerous on-site drainage systems, such as septic
systems, cesspools, and storm water wells which
discharge fluids a few feet underground. The program
requirements are designed to ensure that injected fluids
stay within the wells and the intended injection zones
and do not endanger underground drinking water
sources. No injection is authorized without approval
from the appropriate regulatory authority.
Injection practices not regulated by the underground
injection program include individual residential waste
disposal systems that inject ONLY sanitary waste and
commercial waste disposal systems that serve fewer
than 20 persons that inject ONLY sanitary waste.
A biodiesel plant is subject to the requirements of the
underground injection program if:
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UNDERGROUND DRINKING
WATER SOURCES
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
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it is disposing of storm water, cooling water, industrial or other fluids
into the subsurface via an injection well; or
it has an on-site sanitary waste disposal system; for example, a septic
system that serves or has the capacity to serve 20 or more people; or
it has an on-site sanitary waste disposal system that is receiving other
than a solely sanitary waste stream, regardless of its capacity; or
it is undergoing a remediation process where fluids are being
introduced into the subsurface via an injection well to facilitate or
enhance the cleanup.
Facilities that discharge fluids to streams, ponds, lagoons, or treatment
facilities are not subject to the provisions of the underground injection
program but could be regulated by the Clean Water Act.
It is important that facilities planning on using a new injection well or modifying
an existing one check with the state environmental, health or natural resources
office listed in the underground injection section of Appendix A to make sure that
all of the necessary permits or approvals are in place before proceeding.
2.3 Resource Conservation and Recovery Act - Solid and
Hazardous Waste
The three "Rs" of resource conservation are:
Reduce, Reuse, and Recycle. These are the most
effective ways to not generate waste. When a
facility is unable to do one of those things, it
generates solid waste that might be a hazardous
waste. Most biodiesel plants will probably generate
some quantities of waste. Some of the waste will be
considered a "solid waste" subject to Subtitle D of
the Resource Conservation and Recovery Act
(RCRA). Such waste is regulated by the state and
local authorities with jurisdiction over the facility.
Some of the solid waste could be "hazardous waste"
subject to Subtitle C of RCRA. Hazardous waste
will be regulated by the same state authorities and
the EPA as well. In the states of Alaska and Iowa,
only the EPA regulates hazardous waste.
EPA RECOMMENDS MINIMIZING
WASTE GENERATION BY
REDUCING, REUSING, AND
RECYCLING WASTE
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Definition of Solid Waste
The term "solid waste" is defined at 40 CFR 261.2(a)(l): "A solid waste is any
discarded material that is not excluded by § 261.4(a) or that is not excluded by
variance granted under §§ 260.30 and 260.31." A solid waste can include solid
materials, liquids, and contained gases. The definition of discarded material
includes:
Abandoned material (including burned, disposed, or discarded materials)
Recycled material (including accumulated, stored, or treated materials)1
Inherently waste-like material (materials managed as wastes), and
Military munitions, as defined
If a material meets the above definition, it is a solid waste; but there are many
exclusions from this definition in the regulations. To determine if a material is a
solid waste, the generator of that material must depend upon the regulations and
not just a summary such as this. We will not delve into all the possible exclusions,
but will discuss the exclusions that are pertinent to each waste stream that EPA
has this far observed at biodiesel production facilities.
Solid wastes that are not "hazardous wastes" are regulated by state and local
agencies. Each state has its own regulations for solid waste disposal.
Definition of Hazardous Waste
In order for a material to be a "hazardous waste" it first must be a "solid waste."
Once it meets the definition of a solid waste, the generating facility is obligated
by 40 CFR 262.11 to determine if the waste is hazardous. If a solid waste is listed
by EPA or exhibits one of four different defined characteristics (ignitable,
corrosive, reactive, or toxic), it is a hazardous waste. Each of the listed or
characteristic hazardous wastes are identified with a waste code constituted by a
letter followed by three numerals.
Listed Hazardous Waste
Listed wastes are wastes from generic industrial processes (F-listed), wastes from
certain sectors of industry (K-listed), unused pure chemical products and
formulations (U-listed), and acutely toxic unused pure chemical products and
formulations (P-listed). Because these wastes are dangerous enough to warrant
full Subtitle C regulation based on their origin, any waste fitting the narrative
listing description is considered a listed hazardous waste.
'State agencies may regulate animal fats and used cooking oils and greases as solid waste. This could
affect the status of glycerin and biodiesel as solid wastes under state regulations. Contact your state solid
waste agency for more information.
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There are three different criteria that EPA uses to decide whether or not to list a
waste as hazardous. The three criteria are:
The waste typically contains toxic chemicals at levels that could pose a
threat to human health and the environment if improperly managed. Such
wastes are known as toxic listed wastes.
The waste contains such dangerous chemicals that it could pose a threat to
human health and the environment even when properly managed. These
wastes are fatal to humans and animals even in low doses. Such wastes are
known as acute hazardous wastes.
The waste typically exhibits one of the four characteristics of hazardous
waste: ignitability, corrosivity, reactivity and toxicity.
In addition, EPA may list a waste as hazardous if it has cause to believe that, for
some other reason, the waste typically fits within the statutory definition of
hazardous waste developed by Congress.
Even if a waste is not listed, it can still be considered a hazardous waste if it has
one of the four characteristics of being ignitable, corrosive, reactive, or toxic.
Ignitable Hazardous Waste
The ignitability characteristic identifies wastes that can readily catch fire and
sustain combustion. Many paints, cleaners, and other industrial wastes pose such
a hazard. Liquid and nonliquid wastes are identified differently within the
ignitability characteristic.
Most ignitable wastes are liquid in physical form. EPA selected a flash point test
as the method for determining whether a liquid waste is sufficiently combustible
to require regulation as hazardous. The flash point test determines the lowest
temperature at which the fumes above a waste will ignite when exposed to flame.
Liquid wastes with a flash point of less than 60°C (140°F) in the specified closed-
cup test are ignitable.
Many wastes in solid or nonliquid physical form, like wood or paper, can also
readily catch fire and sustain combustion, but EPA did not intend to regulate most
of these nonliquid materials as ignitable wastes. A nonliquid waste is considered
ignitable only if it can spontaneously combust or catch fire through friction or
absorption of moisture under normal handling conditions and can burn so
vigorously that it creates a hazard. Unlike the specified flash point test for liquid
wastes, the regulations do not require any specific test methods to definitively
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ascertain if solid materials will spontaneously combust. EPA guidance document
SW-846 provides various test methods relative to solid waste issues. Test
methods 1030 and 1050 are recommended to help facilities determine if a solid
phase, solid waste is ignitable. These test methods can be found at
http://www.epa.gov/epaoswer/hazwaste/test/l_series.htm.
The October 20, 2003, Federal Register (68 FR 59940) provides questions for
generators to consider when determining if their waste will spontaneously
combust:
1. Have there been landfill or other fires attributable to disposal of the solid?
2. Have the solids been
observed emitting
smoke during any phase
of waste management?
3. Have the solids been
packaged or transported
with a Department of
Transportation (DOT)
designation of
pyrophoric or self-
heating material?
4. Have the solids given a
positive result in the
DOT test for self-heating
materials, 49 CFR
173.125(c)?
5. Is there any information on an MSDS indicating the possibility of ignition
due to friction, moisture absorption, or spontaneous ignition?
6. Have the solids ever been stored in special containers or under inert gas
such as nitrogen?
7. Have the solids ever been stored in any other way so as to limit their
exposure to the air, such as coating with oil or wetting with water?
Item number one above is sufficient by itself to indicate the material is a
hazardous waste.
BIODIESEL FILTER MEDIA SPONTANEOUSLY
COMBUSTING
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Certain compressed gases are also classified as ignitable. Finally, substances
meeting the DOT's definition of oxidizer are classified as ignitable wastes.
Ignitable wastes carry the waste code D001 and are among some of the most
common hazardous wastes. The regulations describing the characteristic of
ignitability are codified in 40 CFR 261.21.
Corrosive Hazardous Waste
The corrosivity characteristic identifies wastes that are acidic or alkaline (basic).
Such wastes can readily corrode or dissolve flesh, metal, or other materials. They
are also among some of the most common hazardous wastes. EPA uses two
criteria to identify liquid and aqueous corrosive hazardous wastes. The first is a
pH test. Aqueous wastes with a pH greater than or equal
to 12.5, or less than or equal to 2, are corrosive. A liquid
waste may also be corrosive if it has the ability to
corrode steel under specific conditions. Physically solid,
nonaqueous wastes are not evaluated for corrosivity.
Corrosive wastes carry the waste code D002. The
regulations describing the corrosivity characteristic are
found in 40 CFR 261.22.
Reactive Hazardous Waste
The reactivity characteristic identifies wastes that readily explode or undergo
violent reactions or react to release toxic gases or fumes. In many cases, there is
no reliable test method to evaluate a waste's potential to explode, react violently,
or release toxic gas under common waste handling conditions. Therefore, EPA
uses narrative criteria to define most reactive wastes. The narrative criteria, along
with knowledge or information about the waste properties, are used to classify
waste as reactive.
A waste is reactive if it meets any of the following criteria:
It can explode or violently react when exposed to water or under normal
handling conditions
It can create toxic fumes or gases at hazardous levels when exposed to
water, or under normal waste handling conditions
It can explode if heated under confinement or exposed to a strong igniting
source, or it meets the criteria for classification as an explosive under DOT
rules
It generates toxic levels of sulfide or cyanide gas when exposed to a pH
range of 2 through 12.5.
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Wastes exhibiting the characteristic of reactivity are assigned the waste code
D003. The reactivity characteristic is described in the regulations in 40 CFR
261.23.
Toxic Hazardous Waste
When hazardous waste is disposed in a land disposal unit, toxic compounds or
elements can leach into underground drinking water supplies and expose users of
the water to hazardous chemicals and constituents. EPA developed the toxicity
characteristic (TC) to identify wastes likely to leach dangerous concentrations of
toxic chemicals into ground water. The Toxicity Characteristic Leaching
Procedure (TCLP) is used to determine if a waste will leach any of 40 different
toxic chemicals in amounts above the specified regulatory levels. If the leachate
sample contains a concentration above the regulatory limit for one of the specified
chemicals, the waste exhibits the toxicity characteristic and carries the waste code
associated with that compound or element. The regulations describing the
toxicity characteristic are codified in 40 CFR 261.24 and the TC regulatory levels
appear in Table 1 of that same section.
Typical Hazardous Wastes at a Biodiesel Production Facility
The following materials at a biodiesel plant may be hazardous. Each plant is
responsible for determining if each waste stream is hazardous and managing it
appropriately if it is hazardous.
Spent Filter Media
Spent filter media such as
diatomaceous earth, filter
aid, resins and socks can be
ignitable (D001). EPA has
observed that spent filter
media with high moisture
content (from oil or
biodiesel) can spontaneously
combust. It is the
responsibility of the facility
to operate their plant in a
manner that will not
generate ignitable waste
filter media. This could
include recovering more
liquids from the filter media
or mixing absorbents with
the filter media prior to the
SPENT FILTER MEDIA FROM A BIODIESEL PLANT
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point of generation. Treating a hazardous waste after it has been generated
requires a RCRA permit.
The facility should explore options to prevent generation of ignitable hazardous
waste. If the material is hazardous, the facility may manage the ignitable waste as
a useful product and avoid RCRA regulation; but in order to maintain this
exemption, the material may not be treated prior to use. Use as a fuel is not a
legitimate use under the regulations unless the fuel is an actual product that results
from the process. The facility may also dispose the ignitable filter media as a
hazardous waste at a permitted treatment, storage, or disposal facility. Be aware
that if it is a hazardous waste, the Land Disposal Restrictions (LDR) for
underlying hazardous constituents, such as methanol, must be addressed. More
on LDR on page 22 of this chapter.
If the generator (facility) determines the waste filter media is not hazardous, then
the facility may manage it as a solid waste. Most states will not allow facilities to
dispose liquids in solid waste landfills. The facility may use the paint filter test to
determine if there are free liquids present in the waste. If waste filter media fails
the paint filter test, that is there are free liquids present, it is likely an ignitable
hazardous waste. More on paint filter test specifications may be found in EPA
publication SW-846. Facilities are encouraged to explore the beneficial uses of
filter aid media as an alternative to disposal.
Waste Methanol
Waste methanol is ignitable (D001). If the waste methanol is recycled into the
process using a closed loop system, it is not a solid waste. If the waste methanol
is collected in any way that is not in a closed loop, then it will be a hazardous
waste and must be managed as such until it is recycled into the process. Once the
facility returns the waste methanol to the system, it will no longer be designated a
hazardous waste, but until that happens, it is a hazardous waste. Any collection,
storage, or management of used methanol outside a closed loop system will be
subject to the hazardous waste regulations. Therefore, it is advantageous for
facilities to design and operate methanol recovery systems to avoid hazardous
waste generation and disposal, which may include special storage and
transportation requirements.
Waste Glycerin
Waste glycerin can be ignitable (D001) due to the low flashpoint of the methanol
component. EPA has observed that sometimes waste glycerin will contain
sufficient quantities of unrecovered methanol to make the waste glycerin
ignitable, and therefore considered to be hazardous. Further refining of the crude
glycerin as a product, or sale of the glycerin as a product will remove the material
from regulation under RCRA. If the waste glycerin has hazardous characteristics
and it is used as a fuel, it must be managed as a hazardous waste. The facility
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should be aware if methanol levels in a glycerin product are high, because it will
still be considered a hazardous material until the ignitable characteristic is
addressed. Regardless of whether methanol is recovered, the producer must make
a hazardous waste determination if the glycerin is disposed. Facilities benefit
from producing high quality glycerin with non-hazardous characteristics for sale
as feedstock for other industries.
Waste glycerin can be corrosive
(D002). If the waste glycerin
contains sufficient quantities of
catalyst, it can have a pH greater
than or equal to 12.5, or less than
or equal to 2. Even if water is not
present, the waste glycerin would
be considered corrosive if it fails
Test Method 1110A for corroding
steel. When making a hazardous
waste determination for waste
GLYCERIN CAN HAVE ECO-FRIENDLY USES glycerin, the facility should check
for ignitability and corrosivity.
It should also be noted that glycerin has a very high biochemical oxygen demand.
While this property does not make it a "hazardous waste," it does present a
serious threat to streams and lakes if disposed upon the land or directly to waters.
Management and beneficial uses of glycerin is discussed in greater detail in
Appendix B of this manual.
Spent or Unused Catalyst
Catalysts (and catalyst neutralizers) used in biodiesel production are acidic or
caustic and thus the waste is potentially corrosive (D002). Any spent catalyst (or
other waste material) with a pH greater than or equal to 12.5, or less than or equal
to 2, is a hazardous waste. Like waste methanol, waste catalyst is not subject to
RCRA if it is returned to the process in a closed loop system, but it would be a
hazardous waste outside a closed loop system until it was returned to the process.
Corrosive hazardous wastes may be neutralized in a container or tank that
complies with the RCRA container or tank standards.
Waste Water
Waste water disposed under the authority of a valid Clean Water Act (CWA)
permit is not regulated under RCRA, but if waste water contains a listed
hazardous waste or exhibits a hazardous characteristic, it must be managed as a
hazardous waste until treated and/or disposed in the CWA permitted process.
Biodiesel waste water could be hazardous if it has high or low pH from catalyst
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disposed in the waste water, or if it contains high concentrations of methanol that
would make it ignitable, or if it contains other listed or characteristic wastes.
Spent or Unwanted Laboratory Chemicals
A variety of chemicals are used in
laboratories. If these chemicals are
listed as a hazardous waste or meet the
definition of a characteristic waste,
they are considered hazardous wastes
when disposed. Some unused
chemicals destined for disposal may
be P-listed, thus "acute hazardous
wastes." When calculating monthly
waste generation rates, one kilogram
of P-listed wastes generated during a
month will qualify the facility as a
large quantity generator with increased
regulatory requirements.
EPA CONTRACTOR ASSESSING LABORATORY
CHEMICALS
Spent Parts Washing Solvents
Many solvents are ignitable and/or F-listed. The generator should examine what
solvents they use and consider using solvents that when spent do not meet the
definition of hazardous waste.
Aerosol Cans
Aerosol cans are considered reactive hazardous wastes (D003) because they can
explode. To properly handle aerosol cans so that they are not considered
hazardous waste, the facility should employ a can puncturing device that will
collect the contents of the cans. The facility should then determine if the
accumulated materials from the aerosol cans are hazardous. The empty,
punctured cans may then be recycled to recover the metal.
Used Oil
The EPA regulation 40 CFR Part 279
address used oil separately from
hazardous wastes. Part 279 applies to
used, petroleum-based oils and
greases, but not used vegetable oils
and animal fats.
USED OIL MAY BE MANAGED SEPARATELY
FROM HAZARDOUS WASTE
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Used oil may be managed as a hazardous waste, but the used oil regulations
assume the material will be handled separately from the hazardous wastes and
thus recycled. All used oil is assumed to fail the contaminant specifications listed
in the regulation, unless someone otherwise demonstrates that the used oil meets
the specifications. A facility may burn its own used oil and do-it-yourself used oil
in an on-site space heater. It may not burn used oil from other facilities or send its
used oil to another facility to be burned unless the used oil burner is permitted to
burn used oil or the used oil meets the specifications in 40 CFR 279.11. The
regulations are written to encourage recycling used oil.
Universal Waste Lamps
Fluorescent lamps, chlorofluorocarbons, and some other types of lamps contain
mercury and may fail the TCLP test. The facility may manage its lamps as
hazardous waste or it may follow the Universal Waste regulations at 40 CFR Part
273. The universal waste regulations are
designed to promote recycling by allowing less
strict regulation of the material. The lamps
should be managed in labeled, dated, and closed
containers that are structurally sound. The
lamps are then sent by approved transporters for
recycling.
Universal Waste Batteries
Waste batteries may contain lead and other metals that would fail the TCLP test.
There are universal waste regulations for batteries similar to the waste lamp
regulation.
Hazardous Waste Management (Permit Exemption)
There would typically be no hazardous waste permitting requirements for a
biodiesel plant that generates hazardous waste unless the facility violates the
generator standards at 40 CFR
262.34 or it treats, stores, or
disposes hazardous waste. These
regulations provide exemption from
permitting when the generator
meets certain management
requirements. The largest potential
hazardous waste streams from a
biodiesel plant are waste methanol,
waste glycerin, and waste filter
media, such as socks or
diatomaceous earth.
USED FILTER SOCK CONTAINER
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A hazardous waste generator must properly notify and obtain an identification
number from the EPA or the applicable state environmental agency if the entire
plant, including oil seed handling, extraction, and other processes contiguous to
the biodiesel plant, generates hazardous wastes in quantities greater than 100 kg
in any month. Hazardous wastes must be properly managed according to 40 CFR
Part 262 until disposed at a permitted treatment, storage, or disposal facility
(TSDF). If your biodiesel facility plans to have hazardous waste transported to a
TSDF, your facility must use a hazardous waste manifest with your EPA
identification number to document the shipment. The transporter must also have
an EPA identification number.
Hazardous waste management requirements vary according to the amount of
hazardous waste a plant generates in a given month. Facilities that generate less
than 100 kg (220 pounds) of hazardous waste per month are called conditionally
exempt small quantity generators (CESQG). The requirements for a CESQG are
minimal. Primary among the applicable requirements, the facility must make a
hazardous waste determination for each waste stream at the point of generation.
This requirement applies to all solid waste generators. A CESQG must also
ensure that its waste is disposed according to the regulations.
A small quantity generator (SQG) generates
more than 100 kg of total hazardous wastes in
any month, but less than 1000 kg (2200
pounds) and it accumulates at one time no
more than 6000 kg (13,200 pounds) of all
hazardous wastes. An SQG has more
applicable hazardous waste management
requirements than a CESQG but less than a
large quantity generator (LQG). An LQG
generates greater than 1000 kg of hazardous
waste in one month. The generation
calculation for generator status is a cumulative
total of all hazardous wastes generated during
that month. The EPA regulates generator
management of hazardous waste at 40 CFR
262.34. Compliance with this section of the
regulation exempts the facility from the
general permitting requirements for treating,
storing, and disposing hazardous waste.
Noncommercial hazardous waste generated by a homeowner is exempt from
RCRA regulation, but the wise biodiesel hobbyist needs to find an
environmentally sound method to dispose hazardous waste, such as a county or
city household hazardous waste facility.
LABORATORY HAZARDOUS WASTE
SATELLITE ACCUMULATION AREA
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Land Disposal Restrictions
The Land Disposal Restrictions (LDR) program requires that hazardous wastes
undergo fundamental physical or chemical changes so that they pose less of a
threat to ground water, surface water, and air when disposed on land. Every
hazardous waste, except under certain circumstances, must meet a specific
treatment standard before it may be disposed. Once a generator identifies its
waste as hazardous (either listed, characteristic, or both), the waste is assigned a
waste code. EPA establishes a treatment standard for the waste code thus making
the waste "restricted" and subject to the LDR requirements. Handlers of
restricted waste must manage it in accordance with all the LDR requirements and
may not dispose it on the land until it meets all applicable treatment standards.
The LDR requirements attach to a hazardous waste at its point of generation. In
other words, once a waste has been generated, identified, and assigned a waste
code, it must be treated in accordance with LDR requirements before being
disposed. For purposes of the LDR program, a generator of a listed hazardous
waste must determine if the waste also exhibits any hazardous waste
characteristics. If it does, then the waste must be treated to meet both the listed
and characteristic treatment standards before land disposal.
Both listed and characteristic hazardous wastes must meet LDR treatment
standards before they are eligible for land disposal. There are, however, some
unique situations that arise when dealing with characteristic wastes under the
LDR program. The treatment standards for most characteristic hazardous wastes
entail rendering the waste nonhazardous, decharacterizing the waste or removing
the characteristic. However, some characteristic waste treatment standards have
additional requirements. The regulated community must examine these wastes
for underlying hazardous constituents. These constituents do not cause the waste
to exhibit a characteristic, but they can pose hazards nonetheless. The underlying
hazardous constituents must be treated in order to meet contaminant-specific
levels referred to as the universal treatment standards (UTS). The UTS are listed
in a table at 40 CFR §268.48. This is why some characteristic wastes that no
longer exhibit a characteristic must still be treated to meet additional LDR
requirements.
Once such characteristic hazardous wastes have been decharacterized and treated
for underlying constituents, they may be disposed in a nonhazardous waste
landfill. For example, if waste filter media is treated to remove the characteristic
of ignitability, it must also be treated to meet the UTS for methanol. It is not
permissible to dilute hazardous waste to circumvent proper treatment. Adding
material to a waste to dilute it circumvents the intent of LDR because the total
quantity of the underlying hazardous constituent would still enter the
environment.
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In order to properly track the hazardous waste that is generated, transported,
treated, stored, and disposed, EPA imposes certain LDR notification, certification,
and record keeping requirements on generators and treatment, storage, and
disposal facilities (TSDFs). LDR notifications inform the next waste handler how
the waste must be treated to meet the treatment standard or if it can be disposed
without treatment. When wastes do not need to meet a treatment standard, or
already meet the standard, EPA requires the handler to sign a statement certifying
such a claim. Generators must send a notification with the initial shipment of
every waste and keep a copy in their on-site files. If the waste, process, or
receiving facility changes, another notification is required. Additional
information about the LDR program can be found at
www.epa.gov/epawaste/hazard/tsd/ldr.
Hazardous Waste Summary
It is important that biodiesel production facilities properly characterize, manage,
and track each of their hazardous waste streams from the point of generation to
the ultimate treatment, storage or disposal of the hazardous waste. RCRA places
responsibility for a waste upon the generator "from cradle to grave." Even though
the waste has been legally disposed at a permitted facility, the generator is still
forever responsible for that waste. So, the best way to manage hazardous waste is
to never generate it. Find ways to reduce, reuse and recycle. For more
information on generation of hazardous waste, please link to the following user-
friendly generator tool at www.epa.gov/epawaste/hazard/downloads/tool.pdf
THE MOST COST- EFFECTIVE OPTION FOR MANAGING
HAZARDOUS WASTES FROM A BIODIESEL
PRODUCTION FACILITY IS TO PREVENT GENERATING
THE WASTE IN THE FIRST PLACE
An excellent document that provides more detailed information about hazardous
waste management is "Managing Your Hazardous Waste - A Guide for Small
Businesses. EPA530-K-01-005." It is located at:
www.epa.gov/epawaste/hazard/generation/sqg/handbook/kO 1005 .pdf
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Underground Storage Tanks
Biodiesel facilities may have underground storage tanks. Underground storage
tanks are regulated to prevent their contents from entering the environment. The
greatest potential hazard from a leaking underground storage tank is that the
petroleum or other hazardous substance can seep into the soil and contaminate
ground water, the source of drinking water for nearly half of all Americans. A
leaking underground storage tank can also present other health and environmental
risks, including the potential for fire and explosion.
An underground storage tank is a
single tank or a combination of tanks,
including underground pipes
connected to them, used to contain an
accumulation of regulated substances.
The volume of the tank(s), including
the volume of underground pipes
connected to them, is 10 percent or
more beneath the surface of the
ground.
Photo Courtesv of Missouri DeDartment of Natural Resources
INSTALLATION OF AN UNDERGROUND
STORAGE TANK
The full definition of underground storage tanks, including exemptions, can be
found in 40 CFR 280.12. The term "regulated substance" is defined in
40 CFR 280.12. It includes any substance defined in Section 101 of the
Comprehensive Environmental Response, Compensation and Liability Act of
1980 (CERCLA) and also petroleum, including crude oil or any fraction thereof
that is liquid at standard conditions of temperature and pressure. "Regulated
substance" includes substances such as gasoline, diesel, fuel oils, petroleum
solvents, and used oils. It does not include any substance regulated as a
hazardous waste under subtitle C.
Each of the four states in Region 7 is approved to implement underground storage
tank programs except for underground storage tanks on Indian reservations. More
information about state programs can be found on their Web sites, as listed in
Appendix A.
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 24
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
2.4 Renewable Fuel Standard Program
If your facility produces 10,000 gallons or more of renewable fuel per year, you
must comply with the Renewable Fuel Standard (RFS) Program.
You are required to:
Register
Generate Renewable Identification
Numbers (RINs)
Transfer RINs with fuel
Provide Product Transfer Documents
Follow Blending Requirements
Follow Exporting Requirements
A VARIETY OF FEEDSTOCK IS USED
FOR PRODUCTION OF A RENEWABLE
Follow Non-Road Use of Fuel FUEL
Requirements
Attest Engagements
Keep records for 5 years, and
Report quarterly; see http://epa.gov/otaq/regs/fuels/rfsforms.htm for
forms.
Some producers may have additional requirements, if they sell or export
renewable fuel, or create derived waste.
Facilities producing less than 10,000 gallons of renewable fuel per year are not
subject to RFS requirements but may voluntarily opt-in to those requirements.
REMEMBER TO SEND IN YOUR FFARS
REGISTRATION BEFORE YOUR PLANT IS
READY FOR OPERATION.
(See next section for more information on FFARS.)
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 25
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Registration
Before selling fuel, producers must register first with the Fuel and Fuel Additive
Registration System (FFARS) program, then the RFS program. The FFARS
program is completely separate from the RFS program, and each has its own
separate registration process. More information about FFARS may be found at
http://www.epa.gov/otaq/additive.htm. FFARS registration forms may be found
at http ://epa. gov/otaq/regs/fuel s/ffarsfrms. htm.
For the RFS program, biodiesel producers must register their company and each
facility at which they produce biodiesel [40 CFR 80.1150(b)]. The registration
forms can be found at http://www.epa.gov/otaq/regs/fuels/fuelsregistration.htm.
Biodiesel producers are required to fill out one copy of form number 3 520-20A
for the company and one copy of form number 3520-20B for each facility. On
form 3520-20A, biodiesel producers are required to select "RFS" for question 7
and "RIN Generator" for question 8. On form 3520-20B, biodiesel producers
need to select "RIN generator." After the forms are received, EPA will provide
the biodiesel producer with its Company and Facility IDs for the RFS program.
(Bear in mind that the registration numbers discussed above for FFARS are not
the appropriate registration numbers to be used in the RFS program and the
generation of RINs, as discussed below.)
RIN Generation
RINs refer to Renewable Identification Numbers. Producers and importers of
renewable fuel must generate RINs to represent all the renewable fuel they
produce or import. The point in time when RINs must be generated is flexible,
but no later than when the renewable fuel is transferred to another party [40 CFR
80.1126(e)(2)]. Total number of "gallon-RINs" that can be generated is
determined from both the volume of fuel and its equivalence value. For biodiesel,
the equivalence value is 1.5 [40 CFR 80.1115(b)(2)]. For other renewable fuels,
the equivalence value is set forth in the RFS regulations, and reflects the
difference in BTU value as compared to gasoline. For more information on the
structure of a RIN, see 40 CFR 80.1125.
Transfer RINs: Moving RINs With Fuel and Selling Biodiesel
All renewable producers/importers that sell only the fuel that they create or import
must transfer RINs with fuel to the next party at the equivalence value. For
biodiesel, that is 1.5 RIN per gallon sold to the next party. RINs can only be
transferred to parties registered for the RFS program. Therefore, renewable
producers/importers that sell only the fuel they create or import can only sell to
registered parties [40 CFR 80.1128(a)(6)].
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Renewable producers and importers that sell a volume of renewable fuel in
addition to their own may sell up to 2.5 RINs to any party [40 CFR 80.1128(a)
(4)]. RINs may only be sold to registered companies, but any company may
purchase biodiesel without RINs.
Product Transfer Documents
All parties that transfer renewable fuel must follow the Product Transfer
Document (PTD) regulations per 40 CFR 80.1153. Every product transfer
document must have the following information:
Name and address of the
transferor and transferee
The transferor's and
transferee's company
registration number
The volume of fuel
transferred
The date of transfer
A list of RINs assigned to
the volume [40 CFR
80.1153(a)(5)]; alternatively,
assigned RINs may be transferred on a separate document to the same
party on the same day. If a separate document is used to transfer the
RINs, the PTD that transfers ownership of the fuel must state the number
of "gallon-RINs" transferred and reference the document used to transfer
the RINs.
If no assigned RINs are being transferred with renewable fuel, the PTD which is
used to transfer ownership of the fuel shall state "No RINs Transferred."
DIESEL FUEL TRANSFER TANK
Blending
Blenders of renewable fuel that create motor vehicle fuel (for example, by
blending biodiesel with diesel to produce B5 or BIO, or any blend B80 or below),
must separate RINs associated with the volume of renewable fuel [40 CFR
80.1129(b)(2), 80.1129(b)(5)]. It is unlawful to separate RINs on biodiesel blends
above B80, including B99, except when the blend is going to be used directly in a
motor vehicle engine as that blend [40 CFR 80.1129(b)(4)]. In addition,
renewable fuel producers may, upon agreement with their customers, separate
RINs from fuel in situations where customers are "splash blending." Blenders of
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 27
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
renewable fuel with assigned RINs, must separate the RINs and change the first
digit (K code) of the RINs from 1 to 2 during the compliance quarter when the
blending took place and before transferring those RINs to another party.
Exporting
Any company that exports renewable fuel in its neat form or blended with
gasoline or diesel outside of the lower 48 states [40 CFR 80.1126(a)] (and after
January 1, 2007, Hawaii) has a Renewable Volume Obligation (RVO). The RVO
for exporters is determined by retiring RINs equal to the volume of fuel exported,
times the equivalence value, plus any prior year deficit. A producer that exports
renewable fuel must generate RINs for that volume, and upon export, separate
those RINs [40 CFR 80.1129(b)(3)]. At the end of the compliance year, the
exporter must determine its RVO [40 CFR 80.1130(b)]. In the event that an
exporter does not have enough separated RINs to cover its RVO, it must acquire
separated RINs to meet the RVO [40 CFR 80.1130(a)].
Non-Road Use of Fuel
EPA believes that most fuel that can be used as motor vehicle fuel, and which
otherwise meets the definition of "renewable fuel" (such as biodiesel and
ethanol), will ultimately be used as motor vehicle fuel. Therefore, producers and
importers of such products can assume that they meet the definition of "renewable
fuel" and can assign RINs to them without tracking their ultimate use.
However, if fuel with
assigned RINs is actually
blended into gasoline or
diesel that is known to be
destined for use in a non-
road application, such as
agricultural equipment, the
presumption that led the fuel
producer/importer to assign
RINs to the product is no
longer valid. Such fuel
cannot be considered a motor
vehicle fuel and thus is not in
fact a "renewable fuel" that
is valid for RFS compliance purposes. In such cases, the blender should treat the
RINs associated with the blended fuel in the same way as for fuel with assigned
RINs that is used in a heater or boiler.
IF RENEWABLE FUEL IS USED FOR NON-ROAD VEHICLES,
GENERATING A RIN IS NOT REQUIRED.
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 28
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Environmental Laws Applicable to Construction and
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U.S. Environmental Protection Agency Region 7
If a producer/importer is transferring a volume of fuel to a party and knows the
fuel is going off-road, then the producer/importer should not generate RINs for
that volume.
Record Keeping Requirements
Renewable producers and importers, obligated parties
and owners of RINs who are neither renewable
producers/importers nor obligated parties have
several record keeping requirements. For instance,
40 CFR 80.1151(e) requires records to be kept for
five years.
Reporting
MANAGE RENEWABLE
FUEL RECORDS IN
ACCORDANCE WITH
REGULATIONS
Renewable producers and importers are required to report on a quarterly basis to
the EPA (40 CFR 80.1152). The reporting templates are located at:
http://epa.gov/otaq/regs/fuels/rfsforms.htm. All renewable producers and
importers are required to fill out three of these reports quarterly; RFS Activity
Report (RFS0100), RFS RIN Transaction Report (RFS0200), and RFS RIN
Generation Report (RFS0400).
Exporters of renewable fuel and obligated parties must also use:
The annual RFS Obligated Party Annual Compliance Report (RFS0300)
RFS Activity Report (RFS0100)
Two reports required quarterly. One report for attached RINs and one
report for separated RINs. Producers must indicate how many RINs they
generated in the quarter and how many they transferred, in addition to any
other RIN activities that apply.
RFS RIN Transaction Report (RFS0200); one report submitted per
transaction; and
RFS RIN Generation Report (RFS0400); one report submitted per batch.
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 29
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Environmental Laws Applicable to Construction and
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U.S. Environmental Protection Agency Region 7
FILE QUARTERLY REPORTS ON-LINE
All reports must be submitted via EPA's
Central Data Exchange (CDX). CDX is
an online portal that encrypts and sends
reports to the EPA. In order for
companies to use CDX they must register
users well in advance of the reporting
deadline.
CDX registration is based on individual
users rather than corporate accounts.
Responsible corporate officers of a
company may register themselves or
delegate the ability to submit reports to
another person. Responsible corporate
officers are still responsible for their
delegates' submissions.
Attest Engagements
All producers must perform an "attest engagement" of the reports submitted to
EPA. The attest engagements must be performed by a Certified Public
Accountant or Certified Internal Auditor per regulations, and they must mail a
copy to the EPA.
For more information about the Renewable Fuel
Standard Program, please visit
http://epa.qov/otaq/renewablefuels/index.hti
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 30
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2.5 Clean Air Act
Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Air Operating Permits
A biodiesel plant might need to obtain
an air permit for day-to-day facility
operations. There are two types of
operating permits:
1. Maj or Source Title V Air
Permits
2. Minor Source Air Permits
The potential emissions from the
plant will determine whether a facility
will obtain a maj or or minor operating
permit.
CHECK TO SEE IF AN AIR PERMIT IS
REQUIRED FOR YOUR FACILITY
Major Source Title V Air Permits
The federal operating permit program, known as the Title V program, was created
by the Clean Air Act Amendments of 1990 and was designed to create a "one
stop" permit. The Title V operating permit compiles all of the applicable state
and federal regulatory requirements, existing construction permit provisions,
record keeping, reporting, testing, and monitoring requirements into one permit.
The intention behind listing everything in one permit is to help facilities maintain
compliance. It is common for a facility to have several construction permits for
several pieces of equipment, and it is difficult to keep track of all of the
requirements in each permit. One permit with all of the facility's requirements is
intended to make it easier to track the requirements.
Public notification is also an important aspect of the operating permit program.
The public is notified when an operating permit is proposed and is given the
opportunity to comment during the 30-day public notice period. This also gives
the public an opportunity to learn about the effects the facility might have on the
environment.
Unlike a construction permit that must be obtained prior to construction and is
valid for the entire life of the emission unit, an operating permit must be applied
for within some period (often 12 months) after the facility begins operation. The
operating permit is generally issued for a specific period of time (usually for five
years) rather than the life of the operating unit.
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
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Environmental Laws Applicable to Construction and
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U.S. Environmental Protection Agency Region 7
A biodiesel plant would need to obtain a Title V operating permit if the plant has
potential-to-emit quantities greater than 100 tons per year of any criteria pollutant
or is a major source of hazardous air pollutants. (See Chapter 1, Page 14)
Minor Source Air Permits
A biodiesel plant can limit the facility's potential to emit to less than the Clean
Air Act major source thresholds by accepting operational limits in a minor source
operating permit. However, minor sources have less operational flexibility
because they must keep their emissions below the major source threshold. Minor
operating permits are not subject to review by EPA.
Best Practices - Air Program
In order to reduce emissions of volatile organic compounds (VOCs) and
hazardous air pollutants, and to reduce safety risks, biodiesel plants should vent
process streams to a control device such as a flare whenever possible. Methanol
vapors are very flammable and are
considered to be both a VOC as well
as a hazardous air pollutant under the
Clean Air Act. It is recommended that
at a minimum, process streams which
contain methanol should be vented to
a flare. Operators of storage tanks
which have the potential to
concentrate methanol vapors should
take extra precautions to ensure that
all manways are closed when not in
use. In addition to reducing emissions
of fugitive air emissions, this will help
reduce the risks of creating explosive vapors. When possible, such storage tanks
should be vented to a process flare.
Biodiesel plants which process feedstocks such as soybean oil generated from a
chemical extraction process may contain traces of n-hexane. Under the Clean Air
Act, hexane is considered to be a hazardous air pollutant. Biodiesel plants need to
account for their hexane emissions as part of their major source determination
status under the Air Toxics Program. In a similar fashion, fugitive emissions of
hazardous air pollutants, like methanol and hexane, including leaking process
equipment need to be included in the major source determination. In addition,
fugitive emissions of criteria pollutants, like VOC from equipment leaks,
particulate matter from haul roads, etc., need to be included in the major source
determination under the New Source Review preconstruction permitting program
was well as the Operating Permitting Program.
PROCESS STREAMS CONTAINING METHANOL
SHOULD BE VENTED TO A FLARE
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 32
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Prevention Program Requirements
Accident prevention is required by the Risk Management Program regulations,
40 CFR Part 68 under the Clean Air Act Section 112(r). An owner or operator of
a facility (also called a "stationary
source") that has more than the threshold
quantity of a regulated substance in a
process is required to implement a risk
management program. A risk
management program includes a hazard
assessment (i.e., a five-year accident
history and analysis of worst-case and
alternative release scenarios),
development and implementation of an
accident prevention program, and
implementation of emergency response
requirements. A summary of this information is then compiled into a Risk
Management Plan, or RMP, and provided to EPA.
The purpose of the Risk Management Program is to prevent catastrophic
accidents involving extremely hazardous substances. Explosions or other
chemical accidents can occur at biodiesel production facilities.
If you are not sure whether this rule
applies to your facility,
call the
EPA HOTLINE
at:
(800) 424-9346
(800) 553-7672 (TDD).
If one or more processes in a biodiesel production facility are subject to this rule,
they will probably need to develop an accident prevention program and address
emergency response issues. In order to develop the correct level of prevention
program, facility personnel will need to determine whether it is subject to
Program 1, Program 2, or Program 3. Appendix E will help you determine your
program level and corresponding responsibilities.
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 33
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
2.6 Emergency Planning and Community Right-to-Know Act
Planning Requirements
Section 302 of the Emergency Planning and Community Right-to-Know Act
requires facilities with regulated chemicals above threshold planning quantities to
notify the state emergency response commission (SERC) and the local emergency
planning committee (LEPC) within 60 days after they first receive a shipment or
produce the substance on-site.
Section 303 of the Emergency Planning and Community Right-to-Know Act
requires local emergency planning committees (LEPCs) to prepare comprehensive
emergency response plans. These plans should identify all facilities subject to
compliance with this section, including biodiesel facilities. These plans should
also describe emergency response procedures, training schedules, and practice
schedules, among other requirements.
Reporting Releases
Section 304 of the Emergency Planning and Community Right-to-Know Act
requires "regulated facilities" (facilities regulated under this Act) to report a
release of an extremely hazardous substance. Biodiesel production facilities are
subject to spill reporting provisions if they release more than a reportable quantity
of an extremely hazardous chemical. A list of extremely hazardous chemicals and
their reportable quantities can be found at 40 CFR 302.4 and 355. Two examples
of chemicals that might be spilled or released from a biodiesel production facility
are methanol and hexane. Spills of such chemicals must be reported when
quantities exceed 5,000 pounds per pollutant in a 24-hour period.
Initial notifications of a release can be made by
telephone, radio or in person. Any person in
charge is to immediately1 report releases to the
National Response Center at (800) 424-8802 [40
CFR 302.6(a)]. Reporting should include the
following:
Chemical name or identity of the released
substance
Indication of whether the substance is on the Comprehensive
Environmental Response, Compensation, and Liability Act Section 302(a)
list
1 For EPCRA/CERCLA reporting purposes "immediately" is interpreted as "not to exceed 15 minutes
after the person in charge has knowledge of the release." This interpretation is documented in A_
Legislative History of the Superfund Amendments and Reauthorization Act of 1986. Vol. 2. Oct. 1990.
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 34
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Environmental Laws Applicable to Construction and
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U.S. Environmental Protection Agency Region 7
Estimated quantity of release
Time and duration of release
Medium or media into which the release occurred; and
Whether release threatens waterways (reporting requirement of the Clean
Water Act contained in 40 CFR 1 17.21)
In addition, the owner/operator of a facility is required by 40 CFR 355.40 to
immediately* report releases that are likely to produce off-site exposure and
exceed the threshold limit to all affected local emergency planning committees
and state emergency response commissions. This release report is to include:
Chemical name(s) or identity of all substances involved in the accident
Estimate of quantity of substances released to the environment; and
Time and duration of release
The facility owner or operator is also required to provide a written follow-up
emergency notice as soon as possible (and within seven calendar days) to their
affected local emergency planning committee and state emergency response
commission after a release that requires notification.
The written follow-up notice should include the
following:
An update of all previously provided
information
Actions taken to respond to the release
Known or anticipated acute or chronic
health risks associated with a release; and
. Advice regarding medical attention
necessary for exposed individuals
PROVIDE A WRITTEN FOLLOW-
RELEASE
Other Reporting Requirements
Section 311 of the Emergency Planning and Community Right- to-Know Act
requires the facility to have material safety data sheets (MSDSs) on site for
regulated chemicals that exceed certain quantities and to submit copies to their
state emergency response commission, local emergency planning committee, and
local fire department within three months of chemical receipt or production. This
is a one-time submission that is updated only if new chemicals are stored and/or
produced.
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 35
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Reporting Hazardous Chemical Storage - Tier II Reporting
Chemical storage notification requirements under Section 312 of the Emergency
Planning and Community Right-to-Know Act and 40 CFR 370 Subpart D
establish reporting for any hazardous chemical or extremely hazardous chemical
that is stored at a facility in excess of the designated threshold planning quantity.
These reports are also known as the Tier II hazardous chemical inventory form.
The Tier II reports are due to the fire department, state emergency response
commission, and local emergency planning committee by March 1 each year.
These reports include a minimum of the following information:
The amount and the location of hazardous chemicals as defined in the
Occupational Safety and Health Administration (OSHA) Hazardous
Communication Standard
Storage codes and storage location
Physical and health hazards
Average daily amount stored; and
Number of days on-site
The purpose of the Tier II report is to provide emergency responders and the
public with important information on the hazardous chemicals in their
communities for the purpose of enhancing community awareness of chemical
hazards and facilitating development of state and local emergency response plans.
Practically all biodiesel production facilities need to file a Tier II report. A list of
extremely hazardous chemicals and their threshold planning quantities can be
found at 40 CFR Part 355. There is no formal list of hazardous chemicals, but a
good rule of thumb is any chemical that has an OSHA Material Safety Data Sheet
(MSDS) could be reportable if storage exceeds 10,000 pounds. Methanol and
hexane are examples of chemicals for which a biodiesel production facility may
be required to file a Tier II form.
Toxic Release Inventory Reporting - Form R
The Emergency Planning and Community Right-to-Know Act (EPCRA) Section
313 requires owners or operators of certain facilities that manufacture, process or
otherwise use any listed toxic chemicals, or chemical categories in excess of
threshold quantities, to report annually to the EPA and to the state in which such
facilities are located. This collected information is called the Toxic Release
Inventory. The purpose of the Toxic Release Inventory is to gather information
so that the public and government can assess the hazards of toxic releases in a
community.
CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 36
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
The criteria for facilities that must report are those that are listed in manufacturing
Standard Industrial Classification Code (SIC) 20-39 and which have 10 or more
full-time employees. Most biodiesel production facilities meet these requirements
and are required to report.
The annual information reported by facilities is presented on the "Toxic Release
Inventory report form," also referred to as TRI Form R. The first function of the
form is to notify EPA that the facility
has exceeded the reporting threshold
within the last calendar year. The
second function of the form is to list
any releases of the toxic chemical to
the environment within the year.
Another function of the form is to
provide information in compliance
with Section 6607 of the Pollution
Prevention Act on quantities of toxic
chemicals in waste streams and the
efforts made to reduce or eliminate
those quantities.
FORM R
Important: See instruoons to determine when ~Not Applicable (NA]~ boxes should be checked-
PART I. FACILITY IDENTIFICATION INFORMATION
CEHnnc-^Tton (tnpoiunt:
SECTION* FACILITY
£^r.-r;r.^ ..,, -qar .pa," qa- -D°
LJ
The production of biodiesel generally
results from the transesterification of
fats or oils using methanol which is
one of the listed toxic chemicals.
Some facilities may be involved in the
extraction of oils from oil seeds using
hexane, another listed toxic chemical. A list of more than 600 regulated
chemicals can be found in 40 CFR Part 372.
Biodiesel producers are encouraged to maintain accurate records for the purchases
of methanol or other listed toxic chemicals in their production. If more than
25,000 pounds of methanol or any other listed toxic chemical is used, the facility
is required to file a toxic release inventory report to the EPA and to the state.
The facility is encouraged to evaluate each step in the manufacturing process to
determine the ultimate fate of the toxic chemical to help identify air emissions and
losses in waste streams. These releases to the environment must be determined in
order to include them in the report.
Toxic release inventory reports are due July 1 each year for the previous calendar
year and are filed electronically. Assistance is available in the form of annual
training provided by the regional EPA offices. For more information on toxic
release inventory, please visit www.epa.gov/tri.
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
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CHAPTER 2- WHAT ENVIRONMENTAL LAWS APPLY TO OPERATING A BIODIESEL PLANT?
CHAPTER 2 - PAGE 38
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APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL
PRODUCTION AND WHO TO CONTACT
This appendix includes a list of contact and resource information for EPA Region 7. Contact
information for locations outside of Region 7 may be found at www.envcap.org/statetools/ or
by contacting the EPA Region in which your facility is located.
National Environmental Policy Act
For additional information about the National Environmental Policy Act, contact:
Joe Cothern
NEPA Team Leader
Environmental Services Division
Environmental Protection Agency Region 7
(913)551-7148
cothern.i oe@,epa. gov
Pollution Prevention (P2)
To contact EPA Region 7 P2 staff, call toll free: (800) 223-0425
P2 Internet Sites:
o EPA Region 7 Pollution Prevention www.epa.gov/region07/p2
o EPA Pollution Prevention www.epa.gov/p2
o Pollution Prevention Resource Information Center www.p2ric.org/
Recommended P2 EPA Publication:
o Facility Pollution Prevention Guide (EPA/600/R-92/088)
APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL PRODUCTION AND WHO TO CONTACT
A1 of 14
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Environmental Laws Applicable to Construction and
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U.S. Environmental Protection Agency Region 7
Clean Water Act (CWA)
CWA Chemical or Oil Release Notification Requirements
Subject
CWA Release
Notification
Notification of Slug
Loading to POTW
Notification of
Hazardous Waste
Discharge to Septic
System
State Statutes
Law and
Regulation
CWA
40 CFR Part 110
&
40 CFR Part 117
CWA
40 CFR Part 403
CWA
40 CFR Part 144
State Laws
Who to Notify
National Response Center
(800) 424-8802
POTW, State Pretreatment Program
EPA Regional Underground Injection
Control Well Program
Kurt Hildebrandt
(913)551-7413
hildebrandt.kurt(@,epa. gov
www.epa.gov/region07/water/contact.
htm
State Environmental Agency
When
Immediately
Immediately
Immediately
Varies
CWA National Pollutant Discharge Elimination System (NPDES) Permits
Agency
Iowa
Department of Natural
Resources
Kansas
Department of Health and
Environment
Missouri
Department of Natural
Resources
Nebraska
Department of
Environmental Quality
EPA
Contact
Angela Chen
(515)281-4736
angela. chen@dnr. state, ia.us
Don Carlson
(785) 296-5547
dcarlsom@kdhe.state.ks.us
Rob Morrison
(573) 526-0991
rob.morrison(@ dnr.mo.gov
Donna Garden
(402) 471-1367
donna. garden(@nebraska. gov
John Dunn
(913) 551-7594
dunn.john(@,epa. gov
Web Address
www.iowadnr.gov/water/npdes/index.html
www.kdheks.gov/indust/
www.dnr.mo.gov/env/wpp/permits/index.html
www deq state ne us
http://cfpub.epa.gov/npdes/home.cfm?
program id=45
APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL PRODUCTION AND WHO TO CONTACT
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
CWA 404 Permits/ Wetlands Program
District\State
Coverage
Contact
Web Address
Iowa
Rock Island District
Covers most of Iowa, except
areas inside the levee along the
Missouri River which are
covered by the Omaha District
U.S. Army
Rock Island Dist. Corps of
Engineers
Rock Island, 111.
(309) 794-5376
www2.mvr.usace.army.mil/Regulatory/
default, cfm
Nebraska
Omaha District
Wehrspann Field Office
U.S. Army
Omaha District Corps of Engineers
(402) 896-0896
https://www.nwo.usace.army.mil/html/od
-r/re gwebpg.htm
Kansas
Kansas City District
Kansas City Regulatory Office
Covers Northeastern Kansas
U.S. Army Corps of Engineers
Northwestern Division
Kansas City District
Kansas City, MO
(816) 389-3990
www.nwk.usace.army.mil/regulatory/
regulatorv.htm
Kansas
Kansas City District
Kanopolis Regulatory Satellite
Office
Covers Northern Kansas
U.S. Army Corps of Engineers
Northwestern Division
Kansas City District
Marquette, Kan.
(785) 546-2130
www.nwk.usace.army.mil/regulatory/
regulatorv.htm
Kansas
Kansas City District
Kansas State Regulatory Office
Covers Southern Kansas
U.S. Army Corps of Engineers
Northwestern Division
Kansas City District
El Dorado, Kan.
(316) 322-8247
www.nwk.usace.army.mil/regulatory/
regulatory, hi
Missouri
Kansas City District
Kansas City Regulatory Office
St. Louis District
Memphis District
Little Rock District
Rock Island District
www.nwk.usace.army.mil/regulatory/
regulatory.htm
www.mvs.usace.armv.mil/ConOps/permi
See map on next page.
ts/permits.html
www.mvm.usace.army.mil/regulatory/
memphis.htm
www.swl.usace.army.mil/regulatory
www2. mvr.usace. army. mil/re gulatory/
default, cfm
APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL PRODUCTION AND WHO TO CONTACT
A3 of 14
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Kansas City District
Missouri State Regulatory Office
221 Bolivar Street, Suite #103
Jefferson City. MO
Telephone; 573-634-2248
FAX: 573-634-7860
U.S. Army Corps of Engineers Districts
in the
State of Missouri
Rock Island District
Clock Tower Building
Post Office Box 2004
Rock Island. IL 61204-2004
Telephone; 309-794-S351
FAX: 309-794-5191
Kansas City District
Kansas City Regulatory Office
700 Federal Building
601 East 12th Street
Kansas City. MO 64106-2896
Telephone: 816-389-3990
FAX: 816-389.2032
Kansas City District
Truman Regulatory Satellite Office
15837 Truman Road
Warsaw. MO 65355
Telephone: 660-138-6697
FAX: 660438-6909
St. Louis District
1222 Spruce Street
St. Louis, MO 63103-2S33
Telephone: 314-331-S575
FAX; 314-331-8741
Little Rock District
Post Office Box 867
Little Rock, AR 72203-0867
Telephone: 501-324-5295
FAX: 501-324-6013
Memphis District
167 North Main, B202
Memphis. TN 38103-1894
Telephone: 901-544-3473
FAX: 901-544-0211
For more information on the Clean Water Act Section 404 Wetlands Program, call EPA's
Wetlands Helpline at (800) 832-7828
Or Visit the Following Websites:
EPA's Wetlands Website www.epa.gov/owow/wetlands/regs/
Section 404 of the Clean Water Act www.epa. gov/owow/wetlands/laws/
Wetland Delineation Manual www.wes.army.mil/el/wetlands/wlpubs.html
U.S. Army Corps of Engineers Regulatory Program www.usace.army.mil/inet/functions/cw/cecwo/reg/
APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL PRODUCTION AND WHO TO CONTACT
A4of 14
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U.S. Army Corps of Engineers' Waterways Experiment Station Environmental Laboratory
www.wes.army.mil/el/wetlands/wetlands.html
Environmental Law Institute www.eli.org
Construction Industry Compliance Assistance Center http://cicacenter.org/wetlands.html
Additional information on on the Clean Water Act Section 404 Wetlands Program is
available by contacting the following EPA Region 7 personnel:
State
Iowa
Kansas
Missouri
Nebraska
Name
Jason M. Daniels
Catherine Holston
Vicky Johnson
Eliodora Chamberlain
Phone
(913)551-7443
(913)551-7256
(913)551-7564
(913)551-7945
E-mail
daniels.jason(@epa. gov
holston.catherine(@epa.gov
j ohnson. vicky @epa. gov
chamberlain.eliodora(@,epa.gov
CWA National Pollutant Discharge Elimination System (NPDES) Permits
Agency
Iowa
Department of Natural
Resources
Contact
Angela Chen
(515) 281-4736
angela. chen@,dnr. state, ia.us
Web Address
www.iowadnr.gov/water/npdes/index.html
Kansas
Department of Health and
Environment
Don Carlson
(785) 296-5547
dcarlson@kdhe.state.ks.us
www.kdheks. gov/indust/
Missouri
Department of Natural
Resources
Rob Morrison
(573) 526-0991
rob.morrison(@ dnr.mo.gov
www. dnr. mo. gov/env/wpp/permits/index. html
Nebraska
Department of
Environmental Quality
Donna Garden
(402) 471-1367
donna. gardenfSjnebraska. gov
www.dea.state.ne.us
EPA
John Dunn
(913) 551-7594
dunn.iohn(@epa.gov
http://cfpub.epa.gov/npdes/home.cfm?
program id=45
APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL PRODUCTION AND WHO TO CONTACT
A5of 14
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CWA Pretreatment Program
Agency
Iowa
Department of Natural
Resources
Kansas
Department of Health
and Environment
Missouri
Department of Natural
Resources
Nebraska
Department of
Environmental Quality
EPA
Pretreatment Coordinator
Tom Atkinson
(515)281-5054
tom.atkinson(@dnr.state.ia.us
Steve Caspers
(785)296-5551
scaspers(@kdhe.state.ks.us
Richard Laux
(573)751-6982
richard.laux(@dnr.mo. gov
Chuck Duerschner (treatment facility
construction permits)
chuck. duerschner@nebraska. gov
or
Donna Garden
(402) 471-1367
donna.garden@nebraska.gov
Paul Marshall
(913)551-7419
marshall.paul(@,epa. gov
Web Address
www.iowadnr.gov/water/pretreatment/
index.html
www . kdheks . gov/indust
www.dnr.mo. gov/index.html
www.deq.state.ne.us
http://cfpub.epa.gov/npdes/home.cfm?
program id=3
CWA Stormwater
Iowa
Department of Natural
Resources
Kansas
Department of Health and
Environment
Missouri
Department of Natural
Resources
Nebraska
Department of Environmental
Quality
EPA
Joe Griffin
(515)281-7017
or
Terry Kirchenman
(constr. permits)
(515)281-8885
terry .kirschenman(@,dnr. state.ia.us
Joe Mester
(785) 296-6804
jmester(@kdhe.state.ks.us
Kevin Mohammadi
(573)751-1740
kevin. mohammadi@,dnr. mo .us
Mary Schorer
(402) 471-2186
mary . schorer@nebraska. gov
Tanya L. Black
(913)551-7170
black.tanyal(@epa. gov
www.iowadnr.gov/water/stormwater/
who, html
www.kdheks.gov/stormwater
www.dnr.mo.gov/env/wpp/stormwater/
sw-land-disturb-permits.htm
www.deq.state.ne.us
http ://cfpub . epa. gov/npdes/home. cfm?
program_id=6
APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL PRODUCTION AND WHO TO CONTACT
A6of 14
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Spill Prevention, Control and Countermeasure (SPCC) and Facility
Response Plans (FRP)
For more information about the SPCC/FRP rule:
please visit http://www.epa.gov/oilspill.
call the toll free EPA Hotline at (800) 424-9346, or
obtain a copy of the "SPCC Guidance for Regional Inspectors" at
httD://www.eDa.gov/emergencies/content/SDCc/spcc guidance.htm.
To speak with someone from EPA Region 7, please contact:
Ward Burns, SPCC Coordinator, burns.ward@,epa.gov. (913) 551-7960,
Alan Hancock, Environmental Engineer. hancock.alan(g),epa.gov. (913) 551-7647. or
Paul Doherty, FRP Coordinator, doherty.pauligiepa.gov. (913) 551-7924
Safe Drinking Water Act (SDWA)
SDWA Public Water Supply Supervision Program
Agency
Iowa
Department of Natural
Resources
Kansas
Department of Health and
Environment
Missouri
Department of Natural
Resources
Nebraska
Department of Health and
Human Services
EPA
Contact
Dennis Alt
(515)725-0275
dennis.alt@,dnr.state.ia.us
Don Carlson
(785) 296-5547
dcarlson(@kdhe.state.ks.us
Steve Sturgess
(573)751-1187
steve. sturgessfg) dnr.mo. gov
Jack Daniel
(402) 471-0510
jack.daniel@hhs.state.ne.us
Mary Mindrup
(913)551-7431
mindrup . maryptg) epa. gov
Web Address
www.iowadnr.gov/water/drinking/
www.kdheks. gov/indust
www.dnr.mo.gov/env/wpp/dw-index.htm
www. hhs. state. ne.us/enh/pwsindex.htm
www.epa.gov/safewater/pws/index.html
APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL PRODUCTION AND WHO TO CONTACT
A7of 14
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SDWA Source Water Protection Program
Agency
Iowa
Department of Natural
Resources
Kansas
Department of Health
and Environment
Missouri
Department of Natural
Resources
Nebraska
Department of
Environmental Quality
EPA
Contact
Rebecca Ohrtman
(515)281-0932
rebecca.ohrtman(@dnr.state.ia.us
Sheryl Ervin
(785) 296-8038
servimgkdhe.state.ks.us
Ken Tomlin
(573) 526-5449
ken.tomlin(@,dnr.mo. gov
Deana Barger
(402) 471-6988
deana.bargerfg)nebraska. gov
Stephane Lindberg
(913) 551-7423
lindberg.stephanie(@epa.gov
Web Address
www.iowadnr. gov/water/watershed/
sourcewater.html
www.kdheks.gov/nps/swap/
www . dnr. mo . gov/env/wpp/
wellhd/
www.deq.state.ne.us/GroundW.nsf/Pages/
WHPA
cfpub.epa.gov/safewater/sourcewater/
SDWA Underground Injection Control Program
Agency
Iowa,
Implemented by EPA-
Region 7
Kansas
Department of Health
and Environment
Missouri
Department of Natural
Resources
Nebraska
Department of
Environmental Quality
EPA
Contact
Kurt Hildebrandt
(913)551-7413
hildebrandtkurtfgepa. gov
Kirk Hoeffner
(785)296-5551
k.hoeffner(@kdhe. state. ks.us
Scott Kaden
(573) 368-2100
scott.kadenfg) dnr.mo.gov
David Miesbach
(402) 471-4982
david.miesbach(@nebraska. gov
Kurt Hildebrandt
(913)551-7413
hildebrandt.kurt(@epa.gov
Web Address
www.epa.gov/region07/water/dwgw.htm
www.kdheks. gov/geo
www.dnr.mo. gov/index.html
www.deq.state.ne.us/GroundW.nsf/Pages/UIC
www.epa. gov/safewater/uic
APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL PRODUCTION AND WHO TO CONTACT
A8of 14
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Clean Air Act
Law Citing
Regulation
Description
Contacts
CAA
40 CFR 52.21
Air Permits
CAA
40 CFR Part 60
New Source
Performance
Standards
CAA
40 CFR Part 63
Maximum
Achievable
Control
Technology
Iowa Department of Natural Resources:
Dave Phelps (515) 281-8189
Construction Permitting Supervisor
www.iowacleanair.com
Kansas Department of Health & Environment:
Terry Tavener (785) 296-1581
Unit Supervisor - Natural Resources
www.kdheks.gov/bar/
Missouri Department of Natural Resources:
KyraMoore (573)751-4817
Permits Section Chief
www.dnr.mo. gov/env/apcp/
Nebraska Department of Environmental Quality:
Clark Smith (402) 471-4204
Permitting Section Supervisor
www.deq.state.ne.us
Toll Free NDEQ Air Permits Hotline is
1- (877) 834-0474
CAA
40 CFR Part 61
Subpart M
Asbestos
Larry Hacker
EPA Region 7
(913)551-7602
hacker.larrv(g).epa. gov
CAA 112(r)
40 CFR Part 68
Risk Management
Program
EPA Hotline:
(800) 424-9346 or
(703) 412-9810 or
(800) 553-7672 (TDD)
www. epa. gov/emergencies/content/rmp/
EPA Region 7:
George Hess, (913) 551-7540,
hess.george(@,epa.gov
APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL PRODUCTION AND WHO TO CONTACT
A9of 14
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Emergency Planning and Community Right to Know Act (EPCRA)
EPCRA Chemical Release Notification Requirements
Subject
EPCRA
Release
Notification
CERCLA
Release
Notification
State Statutes
Law and
Regulation
EPCRA
40CFRPart
355
CERCLA
40 CFR Parts
300 & 302
State Laws
Who to Notify
State Emergency Response Commissions
(SERC)s:
Iowa Department of Natural Resources
(515)281-8694
Kansas Division of Emergency Management
(785) 296-8013 or (800) -275-0297
Missouri Department of Natural Resources
(573) 634-2436
Nebraska Department of Environmental Quality
(402) 471-2186 or (402) 471-4230;
Evenings and Weekends call Nebraska State
Patrol- (402)471-4545
Local Emergency Planning Committee (LEPC)
National Response Center
(800) 424-8802
State Environmental Agency
When
Immediately*
Immediately*
Varies
* For Emergency Planning/Superfund reporting purposes "immediately" is interpreted as "not to exceed 15
minutes after the person in charge has knowledge of the release." This interpretation is documented in A_
Legislative History of the Superfund Amendments and Reauthorization Act of 1986. Volume 2. October
1990.
APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL PRODUCTION AND WHO TO CONTACT
A10of 14
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Reporting Hazardous Chemical Storage - Tier II Reporting (EPCRA $312)
Tier II
Admini-
stration
Tier II Reporting
Contact
Iowa
Department of
Natural
Resources
Submit to:
Adam Broughton
Emergency Response Unit
Iowa Department of Natural Resources
401SW 7th Street, Suite I
Des Moines, IA 50309
Adam Broughton
(515)281-8694
Fax:(515)725-0218
emergencvresponse(@dnr. state .ia.us
Kansas
Department of
Health and
Environment
Web site:
www.kdhe.state.ks.us/bar/index.html
Submit to:
Kansas State Emergency Response Commission
1000 SW Jackson; Suite 310
Topeka, KS 66612-1366
Information regarding the reporting process,
instructions, or blank forms may be requested by
writing to:
Kansas State Emergency Response Commission
1000 SW Jackson; Suite 310
Topeka, KS 66612-1366
or calling (785) 296-1688, (785) 296-1689, or
(785)296-1691
Kimberly Steves
kstevesfgkdhe. state.ks.us
(785) 296-4359
Fax: (785) 296-1545
Missouri
Emergency
Response
Commission
Web site: http://hazmat.dps.mo.gov/
Submit to:
Missouri Emergency Response Commission
2302 Militia Drive
PO Box 3133
Jefferson City, MO 65102
Special Instructions:
Submit all Tier II reports on the MISSOURI
TIER TWO Electronic filing tool located at
http://hazmat.dps.state.mo.us
For more information, including sample
forms and instructions, visit
http: //hazmat. dps. mo. gov/
1- (800) 780-1014
Or (573) 526-9239
Fax: (573) 526-9261
Nebraska
Department of
Environmental
Quality
Submit to:
Nebraska Department of Environmental Quality
1200 N Street, Suite 400
P.O.Box 98922
Lincoln, NE 68509
www.dea.state.ne.us/EAD.nsf/Pages/NEPCRA
Mark Lohnes
(402)471-4251
mark.lohnes(@.nebraska. gov
APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL PRODUCTION AND WHO TO CONTACT
A11 of 14
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Toxic Release Inventory Reporting (EPCRA $313)
Agency
TRI Reporting
Contact
Iowa
Department of
Natural
Resources
Submit to:
Adam Broughton
Emergency Response Unit
Iowa Department of Natural Resources
401SW 7th Street, Suite I
Des Moines, IA 50309
For TRI reporting questions, contact
Adam Broughton at:
(515)281-8694
Fax: (515)725-0218
emergencvresponse@dnr.state.ia.us
Kansas
Department of
Health and
Environment
Submit to:
Kimberly Steves
Kansas Department of Health and Environment
Bureau of Air & Radiation
Asbestos & Hazardous Chemical Information
Unit
1000 SW Jackson, Suite 310
Topeka, KS 66612-1366
Web Site:
www.kdhe.state.ks.us
For TRI reporting questions, contact
Kimberly Steves at:
ksteves@kdhe.state.ks.us
(785) 296-4359
Fax:(785)296-1545
Missouri
Department of
Natural
Resources
Submit by Certified Mail Only to:
TOXICS RELEASE INVENTORY
c/o Earl Pabst
Missouri Department of Natural Resources
Division of Environmental Quality
1101 Riverside Drive
Jefferson City, MO 65101
Web Site:
www.dnr.mo. gov/env/tri/index.htm
For TRI reporting questions, contact Earl
Pabst at:
earl.pabst(@dnr.mo. gov
(800) 361-4827
(573) 571-6892
Fax: (573) 571-9227
Nebraska
Department of
Environmental
Quality
Submit by Certified Mail Only to:
Mark Lohnes
SARA Title III and NEPCRA Coordinator
Nebraska Department of Environmental
Quality
1200 N. Street, Suite 400
Lincoln, NE 68509
Web Site:
www.dea.state.ne.us
For TRI reporting questions, contact
Mark Lohnes at:
mark.lohnes(@,nebraska.gov
(402)471-4251
Fax: (402)471-2909
APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL PRODUCTION AND WHO TO CONTACT
A12of 14
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Resource Conservation and Recovery Act (RCRA)
RCRA Hazardous Waste
Agency
Contact
Web Address
Iowa
(EPA Region 7)
Edwin G. Buckner, PE
RCRA Enforcement and State
Programs Branch
(913)551-7621
buckner.edwin@,epa. gov
or
For Solid Waste issues:
Susan Johnson
Environmental Specialist
Iowa Department of Natural
Resources
(515)281-7982
Susan. Johnson(g),dnr.iowa. gov
www.epa.gov
Kansas
Department of Health and
Environment
Jim Rudeen
Chief, Compliance Assistance &
Enforcement Section
Bureau of Waste Management
(785)296-1600
www.kdheks. gov/waste/index.html
Missouri
Department of Natural
Resources
Tom Judge
Environmental Specialist
(573)751-0752
www.dnr.mo. gov/env/hwp/index.html
Nebraska
Department of Environmental
Quality
Morgan Leibrandt
Compliance Supervisor
(402)471-4217
www.dea.state.ne.us/
EPA
Edwin G. Buckner, PE
RCRA Enforcement and State
Programs Branch
(913)551-7621
buckner.edwin@,epa. gov
www.epa.gov
APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL PRODUCTION AND WHO TO CONTACT
A13of 14
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RCRA Underground Storage Tanks
State Agency
Iowa
Department of Natural Resources
Kansas
Department of Health and Environment
Missouri
Department of Natural Resources
Nebraska
State Fire Marshal
Nebraska
Department of Environmental Quality
Internet Address
www . io wadnr . gov/land/ust/index. html
www.kdheks.gov/tanks/index.html
www.dnr.mo. gov/env/hwp/tanks/tanks
htm
www.sfm.ne.gov
www.deq.state.ne.us/
Toxic Substances Control Act (TSCA)
For more information about TSCA
Call the EPA TCSA Hotline: (202) 554-1404
TSCA New Chemicals Prenotice Coordinator: (202) 564-9262
Visit the TSCA New Chemicals Program Website:
http://www.epa.gov/oppt/newchems/
Visit the TSCA Biotechnology Website: http://www.epa.gov/oppt/biotech/
APPENDIX A - SUMMARY OF LAWS PERTAINING TO BIODIESEL PRODUCTION AND WHO TO CONTACT
A14of 14
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
APPENDIX B - MANAGEMENT OF CRUDE GLYCERIN
Introduction
Crude glycerin, also known as glycerol, is an abundant byproduct of biodiesel production.
About one pound of glycerin is created for every 10 pounds of biodiesel produced.
Sustainable uses for it are currently being developed.
Many of the newer and larger facilities are building
on-site refineries to create a purified glycerin product
or ship crude glycerin to off-site refiners. One
biodiesel facility is using a new process that creates a
very pure glycerin as a direct co-product and does not
have discharges of catalyst or "salty" wash water. It
is likely that newer generations of biodiesel
production facilities will move toward better recovery
of methanol, fatty acids, and catalyst compounds.
More sophisticated facilities are segregating crude
glycerin for refining into usable feedstock for other
products. Refining can range from minimal
processing up to creation of a food grade product.
Nationally, there is much research on the creation of
new value-added products (ethanol, propylene glycol,
etc.) using glycerin as a feedstock. Most of these
projects
are in university labs, but a few are up to pilot
scale. These new technologies will be utilized at
larger scales within the next few years, and are an
important part of the profit stream for the
industry.
Producers that choose to use or dispose of
glycerin could be regulated under several EPA
programs, depending on the practice. Poor
handling of crude glycerin has resulted in fires,
upset of sewage treatment plants and fish kills.
This appendix is intended to show management
options and how those options can fit into the
regulatory framework.
GLYCERIN SINKS DURING THE
SEPARATION PROCESS
GLYCERIN CAN BE USED TO MAKE SOAPS,
SHAMPOOS, MAKE-UP, TOOTHPASTE AND
OTHER USEFUL HOUSEHOLD PRODUCTS
APPENDIX B - MANAGEMENT OF CRUDE GLYCERIN
B1 of 10
-------
Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Crude Glycerin as a Byproduct
Biodiesel is created by mixing 10 parts of oil or fat (vegetable or animal) with one part of
methanol (with a catalyst and heat), to produce 10 parts of biodiesel and one part of crude
glycerin. The quality of the crude glycerin is dependent upon the process that the producer
uses to handle their glycerin. Companies that remove and reuse the excess methanol used
during the production of biodiesel will generate glycerin with these characteristics:
85-88% glycerin
-10% water
-4% salt
Methanol at up to 1,500 ppm (depending on methanol recovery)
Fatty acids and soap (depending on purity of feedstock)
Catalyst
Trace metals
Carryover feedstock
Lost biodiesel product
High ionic concentration due to catalyst and acid/base neutralization
High BOD
High Fuel Value (Pure Glycerin = 19,000 BTU/pound, crude glycerin = 7,000
BTU/pound net fuel value).
There are many possible technologies available for the use or disposal of crude glycerin1.
Since glycerin is industrial in nature, it should not be disposed in subsurface (septic) systems
or sanitary sewers, which are designed and permitted only for domestic waste. The high
BOD would also upset those systems. Some of the disposal options are discussed, below.
Land Based Disposal
Landfilling
Disposal by landfill is covered by the state's solid waste regulations and is required to have
Clean Water Act stormwater permits. Here is a regulatory description of crude glycerin,
based on the solid waste regulations:
Crude glycerin is a highly viscous liquid at room temperature and solidifies at cooler
temperatures. Even though it is a liquid, crude glycerin meets the definition of a solid
waste as cited in 40 CFR Part 257.
The flashpoint of pure glycerin is 160°F, but the methanol component of the crude
glycerin has a much lower flashpoint. With methanol recovery, crude glycerin is
likely not a hazardous waste based on a flashpoint of 140°F. It doesn't take much
methanol mixed with crude glycerin to cause its flashpoint to fall below 140°F, thus
making it an ignitable hazardous waste. Regardless of whether methanol is
recovered, the producer must make a hazardous waste determination if glycerin is
llf the the crude glycerin is determined to be a hazardous waste, it may not be used as a fuel unless hazardous
waste regulations are followed. See Chapter 2, Page 17 of this document.
APPENDIX B - MANAGEMENT OF CRUDE GLYCERIN
B2of 10
-------
Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
disposed. See Chapter 2, Section 2.3 of this document for more information about
making a hazardous waste determination. If the crude glycerin is a hazardous waste,
land disposal, except for a permitted hazardous waste landfill, is expressly forbidden.
Even in the hazardous waste landfill, the disposed glycerin must meet Land Disposal
Restriction universal treatment standards of 40 CFR 268.48.
Disposal of diatomaceous earth filter
media in landfills has resulted in a number
of fires caused by spontaneous
combustion. The high surface area of the
diatomaceous earth and the oil sets up a
rapid decomposition that creates heat.
This is similar to the hazard of
spontaneous combustion in oily rags.
Pyrophoric solid waste is an ignitable
hazardous waste.
Some landfills are refusing the waste due . . . EPAReglon7Photo
to the concern of spontaneous combustion.
CLOSEUP OF DIATOMACEOUS EARTH WASTE
While crude glycerin might not pass the paint filter
test, it can be bulked with other materials and disposed in a landfill. EPA is aware of one
small facility that mixes crude glycerin with dewatered municipal sewage sludge and
disposes of the mixture in a landfill.
Composting
Hobbyist biodiesel producers have successfully added crude glycerin to a mixed compost
(both traditional composting and vermiculture with worms). It is generally agreed that this
process could be scaled up to work with industrial or municipal composting operations.
Crude glycerin cannot be composted alone since it is purely a carbon source. Composting
requires a source of nitrogen and other nutrients. Also, the compost mixture must be bulked
properly to allow adequate oxygenation. For this reason, crude glycerin is best suited to co-
compost with other materials such as biosolids, brown and green waste, and bulked manures.
The high Biochemical Oxygen Demand (BOD)/energy content of crude glycerin would
require more vigorous management of the compost to assure that the pile remains aerobic. In
addition, there is more risk of a high BOD leachate from the pile which should be addressed
in the stormwater permit for the co-composting operation.
Here is a list of specialized operational measures that should be considered.
A concentrated BOD source could really heat up a pile. More active management
(turning the pile, forced air in static windrow) might be required.
Efficient mixing of glycerin with the pile might be difficult from a physical
standpoint. This has already been seen when mixing crude glycerin into animal feed.
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Glycerin is a gel at room
temperature, but a greasy
liquid at compost
temperature. More pile
bulking might be needed to
keep the compost from
choking out air. Anaerobic
conditions will cause odor
problems.
Winter handling could be
tricky due to high viscosity
of cold crude glycerin.
Need some on site crude
glycerin storage and the
ability to meter addition to
pile.
Scarab or other efficient
compost mixing would be far superior.
Crude glycerin is basic, having very little buffering capacity, so overall alkalinity
should be low enough to keep the compost pile's pH in composting range.
There has been no large-scale demonstration of crude glycerin compost. An operation of this
type would require a site-specific project to work out the operational details. Some states
regulate the land application of compost products although federal rules do not. A co-
compost with biosolids is regulated by the 40 CFR Part 503.
Land Application
There has not been any significant research on the land application of crude glycerin. Direct
land application of crude glycerin can "burn" the plant cover. Scientists are not sure if this is
due to the high salt content of the crude glycerin, or if the crude glycerin smothers the plant
by physically hindering transpiration. Unrecovered methanol could also be a factor in
burning the plant cover. If, because of its methanol content, the crude glycerin has a flash
point less than 140°F, it is an ignitable hazardous waste and land disposal is forbidden by the
Resource Conservation and Recovery Act.
In some more arid parts of the country, application of glycerin as a dust suppressant on
unpaved roads has shown positive results. But, this practice should be limited to areas where
precipitation runoff to surface waters will not be a concern.
The high BOD of crude glycerin creates a high probability for adverse environmental
impacts if there is any runoff into nearby streams. Land application over a field drain allows
runoff, potentially causing a fish kill. Over-application of glycerin to land surface increases
the probability of runoff, which may lead to a violation of the Clean Water Act, subjecting
you to fines and enforcement.
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Crude glycerin does not have any fertilizer value, and will tie up soil nitrogen as it
decomposes. For this reason there has been little interest in studying land application.
Guidance for the disposal of
grease trap wastes suggests
incorporation and loading rates of
about four (4) tons per acre as
appropriate to avoid choking of
soils. Essentially, for land
application to be benign, loading
rates must be low, and runoff
control is absolutely essential.
Given the other management
options, land application is the
least desirable alternative: it has
little beneficial aspect and is risky
environmentally.
GLYCERIN POLLUTING A CREEK
Subsurface Disposal
As more biodiesel facilities are developed, their options for the disposal of the glycerin or
wastewater that is generated can be limited and injection wells are increasingly being
evaluated as a possible disposal option. The current viable injection options for these fluids
are either a Class I waste injection well or a Class V injection well. Class I wells inject
industrial fluids or municipal wastewater beneath the lower-most underground source of
drinking water and are designated as hazardous or non-hazardous, depending on the type of
fluids injected. Class V injection wells are mostly shallow wells that inject into or above the
underground source of drinking water, but some Class V wells are deep wells that inject
below the lower-most underground source of drinking water. The use of deep Class V
injection wells that inject below the lower-most underground source of drinking water is a
potential option for disposal of glycerin or wastewater from biodiesel production facilities.
However, depending on the characteristics of these fluids, meeting the non-endangerment
standard may be difficult for Class V injection wells that inject into or above an underground
source of drinking water.
Based on the current Underground Injection Control program requirements, the cost
estimates for the construction of an injection well for the disposal of glycerin or wastewater
generated at a typical biodiesel production facility would vary from $500,000 to $1.25
million depending on the specific drilling and construction requirements. This figure does
not take into account the costs to maintain and operate the well after installation which can
range from $10,000 to $20,000 annually depending on the testing requirements and their
frequency. The majority of the costs associated with an injection well is attributed to the
construction phase, while logging, operating, and reporting are a small portion of the total
cost. It is important to note that the typical life expectancy of a properly operated and
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maintained well is about 40 to 50 years. Additionally, states may impose more stringent
requirements that could impact total costs or prohibit the use of an injection well for the
disposal of these fluids.
Given the differences in geology and variances in state program requirements, it is important
that facilities considering the use of an injection well to check with the state environmental,
health or natural resources office listed in the underground injection control section of
Appendix A before constructing a new injection well to make sure that the waste streams
would be allowed to be disposed of via an injection well. It is equally important for
owner/operators of existing injection wells to check before altering the composition of any
fluid entering the injection well to make sure that all of the necessary permits or approvals
are in place before proceeding.
WATER BASED DISPOSAL
Dumping
Direct discharge of crude glycerin to surface water is strictly forbidden. Crude glycerin is a
highly concentrated waste, having a very high biochemical oxygen demand, meaning as it
breaks down it consumes oxygen rapidly. Poor management of crude glycerin waste has
been documented to cause fish kills in streams.
IN SOUTHEAST MISSOURI, AN ILLEGAL DUMP OF CRUDE GLYCERIN KILLED
OVER 25,000 FISH.
Willful dumping/disposal of glycerin to surface water is a criminal violation of the Clean
Water Act and may subject you to fines and criminal enforcement. As discussed in the
previous section titled "Land Application", ignitable glycerin is a hazardous waste and may
not be disposed in a stream.
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Treatment at a Publicly Owned Treatment Works (POTW)
Crude glycerin has a very high Biochemical Oxygen Demand (BOD) and can easily disrupt
the treatment process of a POTW. BOD is the measure of the oxygen used in breaking down
an organic waste. The normal BOD at the headworks of a POTW is 200 mg/L. Washwater
from the biodiesel process containing small amounts of crude glycerin can have a BOD of
10,000 - 15,000 mg/L, which drastically reduces the rate at which organic waste will
decompose. Pure glycerin has a BOD of nearly 1,000,000 mg/L.
There have been several cases of plant upsets due to these unexpected glycerin loads into the
water treatment system. One such event damaged the biological process in a treatment plant,
creating untreated discharge water, which resulted in a fish kill.
In addition, biodiesel is often produced in a "batch" process. Batch process wastes tend to be
discharged to the collection system all at once, rather than a slow continuous stream, so this
increases the potential for organic shock or disruption of biological processes. Crude
glycerin and washwater can be easily treated by a POTW when sent to a plant having
adequate organic capacity.
The strength of process wastewater from biodiesel plants is highly variable. Plants with
washwater recycle, or processes without washwater, can have moderate BOD levels. As
stated earlier, washwater has very high BOD levels and crude glycerin is remarkably high in
BOD. More sophisticated, well-designed plants use water more sparingly, while less
sophisticated producers and hobbyists use more water. Sophisticated facilities are
segregating glycerin as a side product and have efficient methanol recovery, while less
sophisticated plants are more likely to dispose of crude glycerin, excess methanol, and
washwater as a single waste stream. Essentially the strength of the wastewater is based on
glycerin and methanol content.
Methanol is used in the biodiesel process to drive the reaction to completion. Most of the
methanol leaves the process in the crude glycerin by-product and some is captured in the
washwater. Larger processors heat the crude glycerin and recover the methanol through
distillation. There are examples of home brew operations with methanol recovery, but these
are rare. Crude glycerin without methanol recovery could have a flash point well below
140°F, so the producer should be aware of this when making a hazardous waste
determination. Recently there was an explosion at a biodiesel facility when methanol was
inadvertently vented into a building and ignited by a garage door opener.
For large urban facilities, biodiesel wastewater could be beneficial in several ways. Crude
glycerin is a concentrated source of Carbonaceous BOD (CBOD); and if organic capacity
exists, could be a concentrated revenue source, based on user rates for pounds of BOD.
While crude glycerin is such a concentrated form of CBOD, it is a nitrogen deficient waste.
In this sense, crude glycerin could serve some POTWs by tying up nitrogen into wasted
sludge/biosolids. While the land application or other disposal of the sludge imposes an
additional cost to the POTW, the user fee for BOD could offset the additional cost.
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POTWs will consider the following before accepting crude glycerin and washwater from a
biodiesel plant:
Composition of the waste
Organic capacity of the POTW to accept additional BOD load
The ability of the biodiesel plant or the POTW to avoid slugs of crude glycerin by
using equalization or meters
User fees paid by the biodiesel plant to the POTW. It is important for the POTW to
be able to recover their costs. Note that biodiesel plants can avoid these fees if they
find a beneficial use for the glycerin instead of disposing it as a waste.
Limits on the biodiesel facility to ensure the biodiesel facility does not exceed BOD
loading limits or slug load to the POTW
Ignitability of the waste
With most high strength wastes, we would consider pretreatment through anaerobic digestion
at the production facility prior to discharge to the POTW. This might not be altogether
practical for the biodiesel industry, because the waste is nitrogen and nutrient deficient. To
foster anaerobic digestion, you would need to add nitrogen and nutrients (more pollutants) to
gain treatment at the facility site.
PUBLICALLY OWNED TREATMENT WORKS FACILITY
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Because crude glycerin wastestreams from biodiesel manufacturing have a high organic load,
a discharge to a POTW would most likely make the facility a Significant Industrial User
(SIU) under the General Pretreatment Regulations, 40 CFR Part 403. Under these
regulations, any industrial user that discharges 25,000 gallons per day of process wastewater,
contributes 5% or more of the POTWs dry weather organic or hydraulic capacity, or is
designated by the POTW to have a reasonable potential to adversely affect the POTWs
operation, is considered an SIU. It would not be unusual for a biodiesel manufacturer to
meet all three of these tests.
Consequently, all biodiesel manufacturers must contact the city to which they intend to
discharge and determine if the city has an approved pretreatment program for regulating
industrial discharges. If the city is a pretreatment city, the biodiesel facility must apply for a
discharge permit, and provide information on the volume and strength of the intended
discharge. If the city does not have adequate hydraulic or organic treatment capacity, the
permit issued by the city will contain discharge limits that are not to be exceeded. In this
instance, the biodiesel manufacturer would be required to install a treatment system to treat
its wastewater before it could be discharged to the city. Disposal of concentrated crude
glycerin waste to the sanitary sewer may be prohibited, not only because of its shock load
effect on treatment, but also because glycerin can solidify and clog pipes.
Wastestreams from biodiesel manufacturing that are introduced into the solids-handling
processes of a POTW without going through the plant headworks are also subject to the
General Pretreatment Regulations. No discharge may contribute to or cause a POTW to
violate an NPDES permit requirement, whether it is a discharge standard or a sludge disposal
requirement. Because crude glycerin wastes when co-digested with domestic sewage
generally result in increased methane production, some cities may be eager to take the wastes
in order to capture the energy content. However, if the digesters were unable to keep up with
treatment of the organic sludge coming from wastewater treatment, and the city experiences
violations of its NPDES permit, the biodiesel discharge would be considered as contributing
to the pass through and/or interference.
Many biodiesel facilities may discharge to smaller POTWs that have not been required to
develop and implement a pretreatment program. For these smaller POTWs, the industry
must not only contact the city but also the state to determine if a state-issued permit will be
required.
Note: the discussion above is about process wastewater. Biodiesel facilities have water
discharges based on stormwater, pre-treatment of process water (reverse osmosis and
softening), cooling water, and boiler blowdown. These waste streams are regulated and
require NPDES permits. NPDES permits are discussed in Chapter 2, Section 2.1 of this
document.
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Anaerobic Digestion
Direct anaerobic digestion with nitrogen rich wastes is probably the best means for water-
based treatment. Why pump expensive air into an aerobic treatment process, when you can
pump burnable methane bio-gas out of an anaerobic process? European biodiesel producers
are selling crude glycerin to off site bio-gas facilities for 100 Euros per ton. Many facilities
have digesters on site and use the methane fuel to heat the biodiesel process.
As with composting, crude glycerin is best broken down with a mixed waste in the anaerobic
process. It should be seen as a fairly pure carbon feed for the anaerobic process. Due to this
"purity," a complex source of nitrogen and micronutrients is necessary to assure a healthy,
rich bacterial culture. Mixed cultures are much more dependable for process rigor and
design. Alternate sources of co-digestion wastes could be various nitrogen rich organic
wastes such as meat packing waste, egg cracking waste, manures or biosolids.
In terms of a fuel use of crude glycerin, anaerobic digestion is probably the best
environmental alternative, producing clean burning methane gas and capturing nitrogen
waste into a sludge that can be land applied as an organically based fertilizer. However, be
aware that hydrogen sulfide can be produced if sulfur is available during anaerobic digestion.
The hydrogen sulfide and the sulfur dioxide produced when hydrogen sulfide is combusted
have air regulatory implications.
The anaerobic digestion process should be protected from organic shock. The biological
process will need acclimation, and inputs should be equalized and metered. Two stage
thermophylic/mesophylic digesters have shown better resistance to organic shock and may be
better suited to the demands of crude glycerin digestion.
From a practical standpoint, anaerobic digesters can be designed to treat crude glycerin like a
form of concentrated septage. The facility could store the crude glycerin in tankage and
meter it into the digesters directly. The POTW could store the crude glycerin in tankage on
the site of the POTW and meter it into the digesters directly. The POTW can charge the
industrial user for costs associated with treatment based on the pounds of BOD treated.
Direct Discharges
While this appendix discusses the management of crude glycerin, biodiesel plants may also
have discharges of wash water, reverse osmosis reject water, or cooling water. These
discharges will also require NPDES permits or pretreatment permits. NPDES and
pretreatment permits are discussed in Chapter 2, Section 2.1 of this document. The key
concern with those waste streams is salt content and could be a water quality concern when
discharges go to small streams with low dilution capacity.
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APPENDIX C- NATIONAL ENVIRONMENTAL POLICY ACT
PROCESS
The National Environmental Policy Act process consists of an evaluation of the
environmental effects of a federal activity, including its alternatives. There are three levels of
analysis, depending on whether or not an activity could significantly affect the environment.
These three levels include:
1. A categorical exclusion determination
2. Preparation of an environmental assessment/finding of no significant impact; and
3. Preparation of an environmental impact statement
At the first level, an undertaking can be categorically excluded from a detailed environmental
analysis if it meets certain criteria that a federal agency has previously determined as having
no significant environmental impact. A number of agencies have developed lists of actions
that are normally categorically excluded from environmental evaluation under their National
Environmental Policy Act regulations.
A federal agency at the second level of analysis prepares a written environmental assessment
to determine whether or not a federal activity would significantly affect the environment. If
the answer is no, the agency issues a finding of no significant impact. The finding of no
significant impact can address measures an agency will take to reduce potentially significant
impacts.
If the environmental assessment finds that the environmental consequences of a proposed
federal activity might be significant, an environmental impact statement is prepared. An
environmental impact statement is a more detailed evaluation of the proposed action and
alternatives. The public, other federal agencies, and outside parties can provide input into the
preparation of an environmental impact statement and then comment on the draft statement
when it is completed.
If a federal agency anticipates that an activity might significantly impact the environment, or
if a project is environmentally controversial, a federal agency could choose to prepare an
environmental impact statement without having to first prepare an environmental assessment.
A federal agency will prepare a public record of its decision after a final environmental
impact statement is prepared. The public record will address how the findings, including
consideration of alternatives, were incorporated into the agency's decision-making process.
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APPENDIX D - Emergency Response Program Development
An emergency response program should be proactive and ongoing. EPA interprets
"response" to be consistent with the Occupational Safety and Health Administration (OSHA)
Hazardous Waste Operations and Emergency Response (HAZWOPER) Standard (29 CFR
1910.120). OSHA defines emergency response as "a response effort by employees from
outside the immediate release area or by other designated responders...to an occurrence
which results, or is likely to result, in an uncontrolled release of a hazardous substance."
Response Program Development should
involve:
1. Systematic Planning
2. Role of Emergency Medical Service
(EMS) in Planning; and
3. Counterterrorism Measures
Response actions during the first few minutes of a release are the most critical. They should
not only be planned, but also well rehearsed to minimize the effects of a release. Facilities
that take a comprehensive approach in developing a facility-specific emergency response
program are better prepared to respond in a release event.
An emergency response plan outlines the action
and equipment necessary for effective emergency
response. However, a facility must conduct training,
evaluate its program, maintain emergency
equipment, and regularly coordinate with local
agencies in order for an emergency response plan
to be useful in an emergency.
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SYSTEMATIC PLANNING
The following outline is an approach to an emergency response program. These proactive
efforts should enable a facility to efficiently integrate facility-specific information, key
technical and management resources, and relevant existing emergency response programs
that might require coordination.
1. Identify Federal, State, and Local Regulations Relevant to Emergency Response
Applicable regulations and guidance documents need to be identified for the
development of your facility emergency response program. Facilities are encouraged to
contact the EPA Hotline at (800) 424-9346 for help in identifying appropriate federal
and state regulations.
2. The Program Development Team
A facility should select a team of employees who bring expertise from each of their
functional areas. Ideally, the team members should also have varying degrees of
emergency response responsibilities and experience within and outside the facility. A
three-member team for a small facility might involve a couple of process operators who
are cross-trained as emergency responders. A large facility with its own response team
might need representatives from the following areas:
Maintenance
Operations or Production Personnel
Process or Upper Management
Legal or Public Affairs
Fire and Hazmat Response
Environmental, Health, and Safety
Security
Emergency Coordinator; and
Labor Relations or Personnel
3. Collect Existing Facility Specific Documents and Information
Members of the development team should collect, review, and maintain copies of the
following types of facility-specific materials:
Site plans
Existing emergency plans or procedures
Submissions to the local emergency planning committee
Hazard evaluation and release modeling information
Hazard communication and emergency response training
Emergency drill and exercise programs
After-action reports and response critiques; and
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Mutual aid agreements
The team might also identify related program materials from the following sources:
Corporate and industry sponsored safety, training, and planning efforts; and
Federal, state, and local government safety, training, and planning efforts.
Under CAA Section 112(r)(l), facilities have a general duty to:
Use appropriate hazard assessment techniques to identify hazards that might
result from release;
Design and maintain a safe facility, taking such steps as necessary to prevent
releases; and
Minimize the consequences of accidental releases, which do occur.
Facilities are responsible under this general duty clause for ensuring that any process
release can be effectively handled. Facilities that rely on local responders must determine
if the local responders have suitable equipment and training. If they do not, the facility
must take steps to meet any needs (e.g., develop facility response capabilities, develop
mutual aid agreements, hire response contractors, partially fund local responders).
4. Identify Emergency Response Gaps
The team or a leadership subset should use the information collected to assess
compliance with each emergency response program element of EPA's Risk Management
Program (40 CFR Part 68). This assessment will expose existing gaps.
Facilities complying with OSHA's Hazardous Waste Operations and Emergency
Response Standard will typically already satisfy most or all of EPA's requirements. An
assessment of the gaps will help the team focus their efforts. (Note: Even if a facility is
complying with OSHA's HAZWOPER Standard, it must submit a risk management plan
to EPA as required by 40 CFR Part 68.)
5. Tailor Emergency Response Program to Facility-Specific Hazards
All processes and chemicals at a facility pose a variety of hazards, making it necessary to
tailor elements of an emergency response program to facility-specific hazards.
Some common considerations of facility-specific hazards include the facility's
susceptibility to the following:
Fires, spills, and vapor releases
Floods, temperature extremes, tornadoes, earthquakes, and hurricanes
Loss of utilities (including power failures and brownouts)
Train derailments, vehicle accidents, bomb threats, and other man-made
disasters; and
Chemical incompatibilities; e.g., ammonia and chlorine
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6. Integrate Emergency Response Program Throughout Existing Plans
Many federal statutes and regulations require emergency response planning. Plans for
specific responses can leave personnel and emergency responders confused. Many
facilities have developed an integrated contingency plan (ICP) to consolidate emergency
plans into a single response plan. Here is a suggested ICP format:
Introduction
Background Information
Facility Overview
Scope and Objective of ICP
Core Emergency Response Plan
Essential procedures to initiate, conduct, and terminate an emergency response
Procedures for emergency recognition, notification, and initial response (e.g.,
assessment, mobilization, implementation)
Supporting Annexes
Key supporting information and information required for regulatory compliance,
such as:
-S Emergency Response Teams
-S External Notification
S Evacuation Assembly Area
-S Emergency Response Equipment
S Incident Command
S Spill Prevention, Control and Countermeasures Plans
The National Response Team, a multi-agency group led by EPA, published integrated
contingency plan guidance in the Federal Register (61 FR 28642) June 5, 1996. The
guidance provides a mechanism for consolidating multiple plans into a single, functional
emergency response plan.
7. Prepare Written Emergency Procedures
Facilities are required by risk management program regulations 40 CFR 68.52 (b)(4) and
40 CFR 68.69(a)(iv) to prepare written emergency shutdown procedures and instructions
for operators, emergency responders, and others. At a minimum, these materials should be
developed for each of the most likely emergency scenarios (e.g., power failure, fire event).
These materials should include the following:
A manual of standard operating instructions
A system drawing showing the integral parts and their locations
Emergency shutdown procedures and subsequent start-up procedures
A table of the ranges of safe operating parameters measured at crucial locations
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Safety procedures to be exercised at various locations, and
An emergency response flow chart
8. - Develop and Maintain Emergency Tools
A number of tools can be used to assist in a more
orderly response during an emergency.
One such tool in the event of an accidental release
of volatile chemicals is a wind sock. A wind sock
can be an extremely helpful emergency tool as it
can help determine wind direction and approximate
wind speed at a glance. This information will help
determine which direction the chemical is heading
and help estimate approximate distance of the
release. Facilities should mount wind socks in
appropriate places and incorporate their use in their
emergency response plans.
Some facilities have developed posters and signs with information for employees and
emergency responders. These materials should be effective for the intended people (e.g.,
other languages, appropriate reading level, locations of signs relative to hazards and
emergency exits). For example, the significance of the position of the windsock and its
implications relative to evacuation routes should be discussed with all staff members so
that an orderly emergency response will result.
Process flow diagrams (also referred to as P&IDs), ladder/logic diagrams, or single line
diagrams should be kept up to date and incorporated into operator training programs.
Some facilities laminate the P&IDs and/or ladder/logic diagrams and then post them
adjacent to the equipment and store a copy with on-site emergency response equipment
and plans.
ROLE OF EMERGENCY MEDICAL SERVICE (EMS) IN PLANNING
An integrated emergency medical response is critical in an emergency. People seriously
injured by a hazardous material have a greater chance of recovery when:
Appropriate emergency treatment is provided by prepared EMS personnel at the
scene
The patient is transported to a facility having the most appropriate personnel and
technical resources; and
Communication with the medical facility is open to relay information regarding the
material affecting the patient
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EMS agencies are crucial links in the community response system and are often the first to
arrive at an emergency scene. They must be able to assess the nature of the hazard while
attending to the immediate needs of victims.
The absence of EMS personnel in emergency response planning has resulted in the following
types of problems:
Incidents poorly managed by facility personnel and first responders
Ineffective communication channels and/or redundant or no communication between
private and public sectors
Medical facilities inadequately prepared to treat or manage incoming patients
involved in hazardous materials injuries; and
Medical staff not informed as to the lethal effects of a chemical release
EMS personnel reinforce the importance of defining safe response scenarios, medical
practices, and transportation guidelines in an emergency. They will also be critical links in
collaborating with other response agencies, such as police and fire departments and hospitals.
EMS personnel should also participate in annual disaster drills and emergency plan reviews,
keeping in mind lessons learned during other emergency events.
Your state emergency response commission and your local emergency planning committee
play extremely important roles in emergency response planning. Their roles are:
State Commission:
Establish local emergency planning districts
Establish procedures for handling public requests for information
Appoint and oversee local emergency planning committees
Review local committees' emergency plans
Local Committee
Prepare and maintain a comprehensive emergency response plan for the district
Provide hazardous chemical data to the public, and
Respond to or coordinate response
COUNTERTERRORISM (CT) MEASURES
Before specifically considering CT, a facility should ensure their emergency plan is up to
date. Simply adding CT materials to an outdated plan will not produce an effective
emergency plan. For example, review of an emergency plan sometimes identifies outdated
emergency contact information or process modification and facility construction that had not
yet been addressed. After updating an emergency plan, a facility should consider adding
information and procedures related to potential terrorist threats.
APPENDIX D - EMERGENCY RESPONSE PROGRAM DEVELOPMENT
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Facility owners/operators should review their emergency response plan based on the
following considerations:
1. -Emergency Contact Information
The National Response Center is the sole federal point of contact for reporting chemical
spills/releases. NRC duty officers take reports of actual or potential terrorism, then link
emergency calls to the following:
Department of Defense (for technical advice on dealing with weapons of mass
destruction), and
Federal Bureau of Investigation (to initiate federal response actions and incident
investigations).
2. Response Functions
An emergency response plan should clearly define responsibilities in an event. The plan
should indicate how response functions change if an emergency occurs as the result of a
known or suspected terrorist event. For example, an Incident Command System might
transition to a Unified Command structure. The change in response leadership is typically
necessary to accommodate emergency response efforts that involve mutual-aid partners
and state and federal responders.
3. Hazards Analysis
Weapons of mass destruction (e.g., explosive, chemical, biological, and nuclear) should
be considered when reviewing the hazards analysis portion of an emergency response
plan. A facility should identify potential targets and their vulnerability to attack. Such a
review would result in improvements to help ensure a facility is adequately protected.
The emergency response plan is generally made publicly available and should not include
details of the security system(s).
4. - Mitigation Procedures
Procedures included in an emergency response plan should involve consequence
management efforts. The mitigation activities should be designed to protect workers and
the public from further exposure to hazards. In general, public health officials, emergency
medical service personnel, and criminal investigators should work together to identify and
mitigate hazards following an event. The emergency plan could include a list of basic
questions to ask victims, affected emergency responders, and other individuals in the
affected population. Information and effective communication are critical in identifying
and mitigating effects of a terrorist incident.
Active and passive mitigation systems should be considered. Passive mitigation means
equipment, devices, or technology that function without human, mechanical, or other
energy input. Examples of passive mitigation include dikes and enclosed systems. Active
mitigation means equipment, devices, or technologies that need human, mechanical, or
other energy input to function. Examples of active mitigation include interlocks,
APPENDIX D - EMERGENCY RESPONSE PROGRAM DEVELOPMENT
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shutdown systems, pressure-relieving devices, flares, emergency isolation systems and
fire protection systems.
The system design, location, operating procedures, and emergency response procedures
should be taken into consideration when determining the mitigation system to use. The
design of the mitigation system should consider the different factors that would influence
the system operation and potential release scenarios.
Practicing Your Plan
Effective responses to chemical releases require
practice in addition to planning. Emergency
responders must practice evaluation, isolation,
containment and mitigation to prevent
catastrophic releases. The following should be
reviewed and practiced, as applicable, on a
regular basis:
Typical Chemical Accidents
Exposure Limits For Chemicals
Requirements under Part 68 of the
Clean Air Act - Risk Management Program
Inspect Emergency Equipment
Emergency equipment should be inspected regularly to ensure respirators and other
equipment are available, accessible, and usable. Air-purifying respirators must have
appropriate and unexpired cartridges. Self-contained breathing apparatus (SCBA) air
should be suitable for the temperature in which the SCBA will be worn. Facilities
should also periodically verify that on-site response personnel are trained and fit-
tested for the proper use of the emergency equipment.
Establish Emergency Shutdown and Start-up Procedures
Establish and practice emergency shutdown and start-up procedures on what to do
during and after a power failure.
Conducting Emergency Response Drills
Numerous facilities are beginning to stage realistic response exercises with their local
fire department or their hazmat emergency response teams. The response drills should
all be announced and involve preplanning to ensure they are realistic but different
from recent drills. All emergency responders (on-site and off-site) should "suit up" as
part of each drill.
Facilities have used regular emergency response drills to maintain and increase public
awareness. Facilities might involve citizens in the immediate vicinity of their
property. Emergency response and preparedness brochures might be distributed to
nearby residences and businesses.
APPENDIX D - EMERGENCY RESPONSE PROGRAM DEVELOPMENT
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Emergency Planning and Response Guidance
The following materials are available for additional assistance in developing your emergency
response program:
Criteria for Review of Hazardous Materials Emergency Plans (NRT-1A),
National Response Team, May 1988.
Provides evaluation criteria for emergency response plans.
Emergency Response Guidebook,
U.S. Department of Transportation, 2008.
Lists more than 1,000 hazardous materials and provides general hazard information
and recommended isolation distances.
Hazardous Materials Emergency Planning Guide (NRT-1),
National Response Team, 1987.
Designed to help communities plan for hazardous materials incidents and includes
useful information on planning teams, plan review, and ongoing planning efforts.
Hazardous Materials Guide for First Responders, Federal Emergency
Management Association and U.S. Fire Administration, 1998.
LEPCs and Deliberate Releases: Addressing Terrorist Activities in the Local
Emergency Plan, EPA 550-F-01-005, August 2001.
Discusses how counterterrorism measures can be incorporated into emergency
planning.
NIOSH Pocket Guide to Chemical Hazards,
NIOSH Publication No. 2000-130, July 2000.
Provides 10 relevant databases, including recommendations for chemical protective
clothing, toxicologic chemical reviews, and the 2000 Emergency Response
Guidebook.
Integrated Contingency Plan,
National Response Team, 61 FR 28642, June 5, 1996.
Guidance on consolidating multiple plans into a single, functional emergency
response plan that complies with various federal regulations.
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APPENDIX D - EMERGENCY RESPONSE PROGRAM DEVELOPMENT
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APPENDIX E - CLEAN AIR ACT SECTION 112(r) - PREVENTION
PROGRAM REQUIREMENTS
Determine Your Facility's Program Level
If you have determined that your facility is subject to 40 CFR Part 68, you will first need to
ascertain whether your facility is subject to PROGRAM 1, PROGRAM 2 or
PROGRAM 3. This appendix will guide you in making that determination as well as your
corresponding responsibilities.
Your facility is subject to PROGRAM 1 if:
The process has not had an accidental release of a regulated substance that
resulted in offsite death or injury, or required restoration of an environmental
receptor, within five years of the date you submit your facility's risk
management plan;
Your process has worst-case release scenarios with no possible effect to
public receptors; and
Your process has emergency response procedures coordinated with local
responders.
Your facility is subject to PROGRAM 2 if:
It has any process that does not meet criteria for Program 1 or Program 3.
Your facility is subject to PROGRAM 3 if:
It has any covered process that does not meet the eligibility requirements for
Program 1 and either:
o the process is in the North American Industry Classification System
(NAICS) codes 32211, 32411, 32511, 325181, 325188, 325192,
325199, 325211, 325311, 32532; or
o the process is subject to the OSHA process safety management
standard (29 CFR 1910119) Most ethanol plants that handle risk
management plan toxic chemicals are Program 3 facilities.
If you aren't sure whether this rule applies to your facility or
which program (1, 2, or 3) applies, call the
EPA HOTLINE for assistance at:
(800) 424-9346 or (800) 553-7672 (TDD).
APPENDIX E - SUMMARY
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Program Responsibilities
Once you have determined your facility's program level, the following table summarizes
what the corresponding requirements are.
Program Level
Management
System
Program 1
40 CFR 68.12 (b)
None required
Program 2
(40 CFR 68.12 (c))
&
Program 3
(40 CFR 68.12 (d))
Required
HAZARD ASSESSMENT
Worst-Case
Scenario
Alternative
Release
Five-Year
Accident History
One for each covered process.
None required
Provide information for
accidental releases from covered
processes that resulted in:
l.On-site deaths, injuries, or
significant property damage; or
2.Off-site deaths, injuries,
evacuations, sheltering in place,
property damage, or
environmental damage.
One worst-case representative of
all regulated toxics and one
representative of all regulated
flammables.
One for each regulated toxic and
one representative of all
flammables.
Provide information for
accidental releases from covered
processes that resulted in:
l.On-site deaths, injuries, or
significant property damage; or
2. Off-site deaths, injuries,
evacuations, sheltering in place,
property damage, or
environmental damage.
Prevention
Program
None required
Required
Emergency
Response Program
Must ensure that facility is
included in the community
emergency response plan. For
facilities with only flammables,
coordinate response actions with
local fire department.
Required unless employees will
not respond to accidental releases
and facility is included in
Community Emergency Response
plan, response actions for
regulated flammable substances
are coordinated with local fire
department, and public responder
notification mechanisms are in
place.
Submit a Risk
Management Plan
Required
Required
APPENDIX E - SUMMARY
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Management System
The management system referred to in the table on the previous page is a requirement for
Program 2 and Program 3 facilities to oversee their risk management programs. Facilities are
required by 40 CFR 68.15 to do the following:
1. Develop a management system to oversee implementing the risk management
program elements
2. Designate a qualified person or position with the overall responsibility for
developing, implementing, and ensuring integration of the risk management program
elements; and
3. Document names of people or positions and define lines of authority through an
organizational chart or other similar document
Prevention Program
Please consider the following when building a prevention program on OSHA's process safety
management standard or creating a new program:
Assessing all hazards that could affect the public or the environment off site
Integrating elements of the prevention program to ensure each change in any element
in the program leads to review of other elements
Involving staff early to secure their input in developing a concise and comprehensive
program
Visiting facilities that have successful accident prevention programs to learn of their
implementation procedures; and
Applying inspection checklists to determine areas in need of improvement
Hazard Assessment
The hazard assessment referred to in the table on the previous page must include a worst-case
scenario for Program 1 facilities and an off-site consequence analysis for each covered
Programs 2 or 3 process as follows:
Worst-case and alternative release scenarios require that potential exposures to
human populations be quantified and potential environmental damage identified
Revised analyses and a revised risk management plan are required by 40 CFR 68.36
within six months of changes in processes or any changes that increase or decrease
the distance to an endpoint by a factor of two or more; and
Worst-case and alternative release scenarios must be reviewed and updated at least
once every five years
Many facilities provide an accurate map showing these scenario distances (although not
required) to the local emergency planning committee for their planning purposes.
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Facilities subject to EPA's risk management program must also provide information on any
accidental releases that resulted in deaths, injuries, significant property damage, evacuations,
sheltering in place or environmental damage.
Hazard Assessment Resources
Risk Management Program Guidance for Off site Consequence Analysis,
available at www.epa.gov/emergencies/guidance.htmtfrmp.
Appendix E of EPA's General Risk Management Program Guidance, available
at www.epa.gov/emergencies/guidance.htmtfrmp.
EPA's Technical Background Document for Offsite Consequence Analysis for
Anhydrous Ammonia, Aqueous Ammonia, Chlorine, and Sulfur Dioxide (April
1999), available at www.epa.gov/emergencies/guidance.htmtfrmp.
RMP*Comp software program developed by the National Oceanic and
Atmospheric Administration and EPA, available at
www.epa.gov/emergencies/tools.htm.
Facilities may choose to use publicly available or proprietary air dispersion
models to do off-site consequence analysis. However, modelers should carefully
review 40 CFR Part 68 requirements and EPA's General Risk Management
Program Guidance to ensure compliance with the required conditions.
Your prevention program requirements might already be satisfied if your facility is in
compliance with OSHA's process safety management standard, which is the basis for the
Risk Management Program 3, with the addition of the off-site consequence analysis.
Program 3 regulatory references are listed on the next page.
Program 2 prevention requirements address process safety management elements tailored to
the less complex processes and chemical usage and involve less documentation than Program
3. Program 2 processes demonstrate compliance by following industry standards and codes,
engineering practices, and federal and state regulations. Program 2 regulatory references are
listed below.
Program 1 processes have no prevention program requirements.
APPENDIX E - SUMMARY
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Prevention Program Regulatory Reference
Section
68.48
68.50
68.52
68.54
68.56
68.58
68.60
Program 2
Safety Information
Hazard Review
Operating Procedures
Training
Maintenance
Compliance Audits
Incident Investigation
Section
68.65
68.67
68.69
68.71
68.73
68.75
68.77
68.79
68.81
68.83
68.85
68.87
Program 3
Process Safety
Information
Processes Hazard
Analysis
Operating Procedures
Training
Mechanical Integrity
Management of Change
Pre-Startup Review
Compliance Audits
Incident Investigation
Employee Participation
Hot Work Permit
Contractors
Five-Year Accident History
A five-year accident history must be completed and included within a facility's risk
management plan by 40 CFR 68.42 and 68.168 if the release caused at least one of the
following:
On-site deaths, injuries, or significant property damage; or
Known off-site deaths, injuries, property damage, environmental damage,
evacuations, or sheltering in place
The facility's risk management plan must be modified to include a reportable accident within
six months after its occurrence. A five-year accident history report must include:
Date and Time. Date and approximate time when accidental release began
Chemical(s)
Quantity Released. Estimate of amount released (using at least two significant digits
when possible)
Release Event. Identify cause of release event, for example a gas release, liquid
spill, evaporation, fire, explosion, etc.
Release Source. Indicate release source(s), for example a storage or process vessel,
piping, transfer hose, valve, pump, etc.
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Weather Conditions. On-site weather station, or the nearest weather station,
information, for example the wind speed and direction, temperature, atmospheric
stability class, precipitation. Also, many local airports will have and provide current
weather conditions.
On-Site Impacts. On-site effects including deaths, injuries, property damage.
Known Off-Site Impacts. Deaths, injuries, evacuations, shelter-in-place,
environmental damage.
Initiating Event. Immediate cause of accident, for example an equipment failure,
human error, weather conditions, theft.
Contributing Factors. Factors contributing to the release, but not the initiating event.
For example, equipment failure, human error, improper procedures, over
pressurization, upset condition, bypass condition, maintenance activity/inactivity,
process design, unsuitable equipment, unusual weather conditions, management error.
Off-site Emergency Responder Notifications. If known, indicate the emergency
response agencies that were contacted, such as the police, fire, EMS, LEPC, SERC,
and/or NRC.
Changes Resulting from Accident. Measures taken to prevent recurrence (e.g.,
improved/upgraded equipment, revised maintenance, revised training, revised
operating procedures, new process controls, new mitigation systems, revised
emergency response plan, changed process, reduced inventory).
Emergency Response Program
A facility has the option to coordinate its response with its LEPC, with the intent that the
facility employees will NOT be responding to an accidental release (40 CFR 68.90(b)). If this
is the case, then the emergency response program must have mechanisms in place to notify
emergency responders and the facility is NOT required to comply with the requirements for
40 CFR 68.95, as described below.
If the facility employees will be responding to the emergency, Program 2 and Program 3
facilities and its employees must follow the steps outlined in the emergency response
program (40 CFR 68.95). The facility must have:
Procedures for informing the public and local emergency response agencies about
accidental releases
Documentation of proper first-aid and emergency medical treatment for accidental
human exposure
Procedures and measures for emergency response after an accidental release
Procedures for using and maintaining emergency response equipment
Training for employees in their emergency response responsibilities; and
Procedures to review and update the emergency response plan
APPENDIX E - SUMMARY
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Emergency Response Plans
Emergency response plans developed to comply with other federal contingency planning
requirements can meet the above requirements if they include the 40 CFR Part 68 required
elements. The emergency response plan must be facility-specific. It must be maintained and
kept at the facility.
Registration
Each registration must include, but is not limited to:
1 .Facility Name and Address
2.Contact Person at Facility
3.Names and Quantities of Regulated Chemicals On-Site; and
4.North American Industry Classification System Code (information on NAICS codes can be
found at: http://www.census.gov/epcd/www/naics.html. Click on NAICS under the
"Business" heading).
Risk Management Plan Updates and Resubmittals
A facility must update and resubmit its risk management plan within six months of:
1. A change that requires a revised off-site consequence analysis (40 CFR 68.36)
2. A change that requires a revised hazard review or process safety analysis
3. A change that results in a change in program level of a covered process. The
implementing agency for this regulation can ask the facility to revise the risk
management plan under the audit provisions of 40 CFR 68.220. Risk management
plans must be revised and resubmitted at least once every five years; or
4. The date of an accident that meets the criteria for the five-year accident history
after April 9, 2004
A facility must update and resubmit its risk management plan within one month of a change
of the emergency contact information.
Facilities no longer covered under the risk management plan rule are required by 40 CFR
68.190(c) to "de-register" with EPA within six months of the time it is no longer covered.
(See Chapter 8 of RMP*Submit User 2004 Manual. The RMP Submit 2004 software can be
downloaded at: http://www.epa.gov/emergencies/content/rmp/rmp_submit_2004.htm.
APPENDIX E - SUMMARY
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Plan to Work Safely - Best Practices
Accidents are preventable through increased operator training, improved procedures, and
better communication of lessons learned. A major component of working safely is to develop
and implement "best practices" at your facility. Best practices are intended to help facility
engineers and operators:
Learn from experiences of other facility engineers and
operators
Encourage proactive measures to minimize and prevent
accidents relating to ethanol operations
Recognize specific actions taken to improve process safety,
prevent accidents, and enhance emergency planning and
response efforts; and
Be better prepared to help facility managers understand and
approve the efforts required to incorporate these and other
best practices
Best practices in the ethanol industry are still being established. According to the American
Petroleum Institute, "the oil and natural gas industry is becoming an increasingly safer place
to work, despite a job environment that often involves heavy equipment, hazardous materials,
high temperatures and high pressure equipment. This is reflected by a declining rate of
illnesses and injuries..." For more safety tips, please visit: www.api.org
Under the Clean Air Act Section 112(r)(l), facilities
having extremely hazardous substances, including
ethanol facilities of any size, have a GENERAL DUTY
"to prevent releases, and to minimize the consequences of
accidental releases which do occur." Implementing
"BEST PRACTICES" helps facilities to comply with this
law.
APPENDIX E - SUMMARY
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Additional Risk Management Plan Resources
Risk management plan guidance documents and training modules are available through the
following sources:
EPA's Office of Emergency Management at www.epa.gov/emergencies.
EPA's Emergency Planning and Community Right-to-Know Act
hotline at (800) 535-0202; or
EPA's Technology Transfer Network at www.epa.gov/ttn
Confidential Business Information
Facilities can claim some risk management plan information as confidential business
information. EPA then determines the validity of the facility's claim. The information can be
released if EPA determines that the information is not confidential and has notified the
facility. If EPA determines that the information is confidential, a local emergency planning
committee might be able to obtain the information under 40 CFR 2.301(h)(3). That
regulation provides for sharing confidential business information with state and local
agencies having responsibilities under the Clean Air Act or its implementing regulations.
Local committees can only gain access to confidential data under this rule if they can protect
its confidentiality.
Local emergency planning committees, under Emergency Planning and Community Right-
to-Know Act Section 303(d)(3), can compel Section 302 facilities to provide any information
necessary to develop and implement a community emergency plan. A Section 302 facility
must comply with requests from a local committee for information even if the facility has
made a valid confidential business information claim.
APPENDIX E - SUMMARY
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APPENDIX F - DO I NEED A FACILITY RESPONSE PLAN?
If your facility is regulated under the Spill Prevention,
Control and Countermeasure regulation and an oil discharge
from your facility could reasonably be expected to cause
"substantial harm" to the environment from a discharge to
navigable waters of the United States or the adjoining
shorelines, you must prepare and implement a facility
response plan and submit the plan to the appropriate EPA
regional office.
The flowchart of criteria for substantial harm, below, shows the questions you must answer
to determine if your facility can be classified as a substantial harm facility. The classification
can be met in one of two ways:
Your facility meets the substantial harm criteria outlined in 40 CFR 112.20(f)(l); or
An EPA regional administrator determines that your facility poses a threat of
substantial harm to the environment.
The following table is from 40 CFR Part 112, Appendix C
Flowchart of Criteria for Substantial Harm
Does the facility transfer oil over
water to or from vessels and
does the facility have a total oil
storage capacity greater than or
equal to 42,000 gallons?
Yes
No
Does the facility have a total oil
storage capacity greater than or
equal to 1 million gallons?
No
Submit Response Plan
Within any aboveground storage
tank area, does the facility lack
secondary containment that is
sufficiently large to contain the
capacity of the largest
aboveground oil storage tank
plus sufficient freeboard to allow
for precipitation?
is the facility located at a
distance1 such that a discharge
from the facility could cause
injury to fish and wildlife and
sensitive environments2?
Ho
Is the facility located at a
distance1 such that a discharge
from the facility would shut
down a public drinking water
intake'?
Ho
Has the facility experienced s
reportable oil spill in an amount
greater than or equal to 10,000
gallons within the last 5 years?
No Submittal of Response Plan
Except at RA Discretion
1 Calculated using appropriate formulas in
Appendix C of 40 CFR 112, Attachment C-III
or a comparable formula.
2 For further description of fish and wildlife and
sensitive environments, see appendices I, II, and
III to DOC/NOAA's "Guidance for Facility and
Vessel Response Plans: Fish and Wildlife and
Sensitive Environments" (59 FR 14713, March
29, 1994) and the applicable Area Contingency
Plan.
3 Public drinking water intakes are analogous to
public water systems as described at 40 CFR
143.2 (c).
APPENDIX F - DO I NEED A FACILITY RESPONSE PLAN?
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Over Water Transfers
You can determine whether your facility meets the over water transfer criterion by answering
the following question:
Does your facility transfer oil over water to or from vessels, and does your facility have
an oil storage capacity of 42,000 gallons or more?
In order to answer the above question you must first know the following:
Your facility's oil storage capacity can be determined by adding the capacities of
all oil storage containers, such as drums, tanks, electrical equipment, including
above ground containers with a capacity of 55 gallons or more.
A vessel means any type of watercraft capable of being used as a means of
transportation on water.
If you answered "yes" to the above question, your facility might pose a risk of substantial
harm and you must prepare and submit a facility response plan to the regional administrator.
If you answered "no," you must consider whether your facility meets any of the criteria for
facilities with 1 million gallons or more of oil storage capacity. (Please see the next section.)
Oil Storage Capacity
You can determine whether your facility meets the oil storage capacity criterion by
answering the following question:
Does your facility have a total oil storage capacity of 1 million gallons or more?
If you answered "yes" to the above question, you need to further evaluate the following
criteria:
Secondary containment
Proximity to fish and wildlife and sensitive environments
Proximity to public drinking water intakes
Reportable discharge of 10,000 gallons or more within the last five years
If you answered "no," you do not have to prepare and submit a facility response plan except
at the discretion of the EPA regional administrator. Instead, you are required to prepare a
certification that your facility is not a substantial harm facility (40 CFR 112, Appendix C,
Attachment C-II) and maintain this at your facility along with your spill prevention, control
and countermeasures plan.
APPENDIX F - DO I NEED A FACILITY RESPONSE PLAN?
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Secondary Containment
You can determine whether your facility meets the secondary containment criterion by
answering the following question:
Does your facility lack secondary containment large enough to hold the capacity of the
largest aboveground storage tank within each storage area plus sufficient freeboard to
allow for precipitation?
If you answered "yes" to the above question, your facility is a substantial harm facility, and
you have to prepare, submit, and implement a facility response plan.
If you answered "no," you do not have to prepare and submit a facility response plan because
of the secondary containment criterion. You must consider whether your facility meets other
specified factors. (Please see the next section.)
Fish and Wildlife and Sensitive Environments
You can determine whether your facility meets the fish and wildlife and sensitive
environments criterion by answering the following question:
Could a discharge from your facility cause injury to fish and wildlife and sensitive
environments?
You must determine the following to answer the above question:
Calculate the distance that discharged oil could travel from your facility before it is
contained. You should use the planning distance calculations for fish and wildlife and
sensitive environments to identify all fish and wildlife and sensitive environments
within the planning distance. (See 40 CFR 112, Appendix C, Attachment C-III.)
According to 40 CFR 112.2, injury means a measurable adverse change, either long-
or short-term, in the chemical or physical quality or the viability of a natural resource.
The change can result either directly or indirectly from exposure to a discharge of oil;
from exposure to a product; or from reactions resulting from a discharge of oil.
You must check other sources to determine what constitutes an area that is sensitive
for fish and wildlife or the environment. These areas are identified by their legal
designation, by evaluations conducted by area committee members or members of the
federal on-scene coordinators' discharge response structure, or in an area contingency
plan. These areas can be identified either because of sensitivity to the effects of a
discharge event or danger to human health. Examples of these environments include:
o Wetlands
o National and state parks
o Critical habitats for endangered species
o Wilderness and natural resource areas
o Marine sanctuaries and estuarine reserves
o Conservation areas
APPENDIX F - DO I NEED A FACILITY RESPONSE PLAN?
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o Preserves
o Wildlife areas
o Wildlife refuges
o Wild and scenic rivers
o Recreation areas
o National forests
o Federal and state lands that are research natural areas
o Heritage program areas
o Land trust areas; and
o Historical and archeological parks
Additional information about fish and wildlife and sensitive environments is in
Appendices I, II, and III to Department of Commerce/National Oceanic and
Atmospheric Administration's Guidance for Facility and Vessel Response Plans: Fish
and Wildlife and Sensitive Environments [59 FR 14713 (March 29, 1994)].
If you answered "yes" to the above question, your facility is a substantial harm facility, and
you have to prepare, submit, and implement a facility response plan.
If you answered "no," you do not have to prepare and submit a facility response plan because
of the fish and wildlife and sensitive environments criterion. You must consider whether your
facility meets other specified factors. (Please see the next section.)
Public Drinking Water Intakes
You can determine whether your facility meets the public drinking water intake criterion by
answering the following question:
Could a discharge from your facility affect public drinking water intakes?
To answer the above question, you must first determine the following:
You must calculate the distance that discharged oil could travel from your facility
before it is contained. To do so, you may use the formulas provided in the regulation.
(See 40 CFR 112, Appendix C, Attachment C-III.)
A system is a public water system if it provides piped water for human consumption
and has at least 15 service connections or regularly serves at least 25 individuals.
Public drinking water systems include collection, treatment, storage and distribution
facilities.
To locate a downstream public drinking water intake, consult the appropriate area
contingency plan, and contact the municipal or county water authority for each area
that might be affected by an oil discharge from your facility.
APPENDIX F - DO I NEED A FACILITY RESPONSE PLAN?
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
If you answered "yes" to the above question, your facility is a substantial harm facility, and
you have to prepare, submit, and implement a facility response plan.
If you answered "no," you do not have to prepare and submit a facility response plan because
of the public drinking water intake criterion. You must consider whether your facility meets
other specified factors. (Please see the next section.)
Oil Spill History
You can determine whether your facility meets the reportable discharges criterion by
answering the following question:
Has your facility had a reportable discharge of 10,000 gallons or more within the last
five years?
If you answered "yes" to the above question, your facility is a substantial harm facility, and
you have to prepare, submit, and implement a facility response plan.
If you answered "no," and have followed the sequence of questions to reach this final
question, you do not have to prepare and submit a facility response plan except at the
discretion of the EPA regional administrator. Instead, you are required to complete and
maintain a certification (with your spill prevention, control and countermeasure plan) that
your facility is not a substantial harm facility.
Certification of Non-Substantial Harm
If none of the substantial harm criteria applies to your facility, as described in 40 CFR
112.20(e) and in Appendix C, paragraph 3.0 of Part 112, you must complete and maintain at
your facility, within your spill prevention, control and countermeasure plan, a certification
form indicating that you have determined that your facility is not a "substantial harm"
facility. If you decide to use an alternative formula (i.e., one that is not described above or in
40 CFR 112.20(f)(l)(ii)(B) or (C)) to determine that your facility does not meet the
substantial harm criteria, you must attach documentation to the certification form that
demonstrates the reliability and analytical soundness of the comparable formula and you
must notify the EPA regional administrator in writing that you used an alternative formula.
APPENDIX F - DO I NEED A FACILITY RESPONSE PLAN?
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
APPENDIX F - DO I NEED A FACILITY RESPONSE PLAN?
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APPENDIX G - POLLUTION PREVENTION INSIGHTS AND BEST
PRACTICES
EPA Region 7 tasked the expert researchers at the Pollution Prevention Resource Information Center
(www.P2RIC.org ) to provide updates on the science and best practices of biofuels production. These
summaries are intended to assist businesses with pollution prevention strategies.
Pollution Prevention Insights
A Dry Wash Approach to BiodieselPurification, BioDieselMagazine. November 2007.
www.biodieselmagazine.com/arti cle.j sp?article_id= 1918&q=Dry%20Washing&category_id=21
> Water management, both as an input and as wastewater, and the major expense for water
removal equipment, has become the single largest production cost.
> The wet washing process raises the fuel's water content in excess of 1,000 parts per
million. Water removal is expensive, difficult and time-consuming.
> Dry washing replaces water with a magnesium silicate powder to neutralize fluid
contaminants.
> The dry wash process creates high-quality fuel. Since water is not added in the dry wash
process, production is more likely to achieve water content less than 500 parts per
million in accordance with ASTM D 6751.
> The magnesium silicate from the dry wash process can be reused. Magnesol used in the
dry wash process has commercial use as compost and an animal feed additive.
> Magnesol holds fuel source potential.
Thar to produce BioDiesel without hexane, BioDiesel Magazine, March 2008.
www.biodieselmagazine.com/article.jsp?article_id=2099&q=New
%20Technology&category_id=21
> In March 2008, Thar Technologies Inc. announced a new initiative to develop cost-
effective technology for the mass production of biodiesel. The new process will use
high-pressure carbon dioxide rather than hexane, a hazardous air pollutant, to extract oil
from edible and inedible oilseed feedstocks.
> Initial funding for the initiative was obtained through a $2 million grant from the
Advanced Technology Program of the National Institute of Science and Technology.
Monitoring Biodiesel Production using in situ viscometer, Chemical Engineering Journal.
2008, Naoko Ellis
> The use of a viscometer can reveal when the reaction has reached its end point. A
plateau in the viscometer curve readout reveals that the end of the reaction has been
reached.
> The viscometer data can also show when a reaction has been unsuccessful. The data will
APPENDIX G- POLLUTION PREVENTION INSIGHTS AND BEST PRACTICES
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not display a unique plateau pattern when a reaction is unsuccessful.
> A viscometer can be implemented in Biodiesel plants to help monitor the reaction
process continually to help reduce product loss.
Towards Producing a Truly Green BioDiesel, Energy Sources. Part A. 2008. A.B. Chhetri
> Use methanotrophs to produce methanol from a wide variety of wastes. Methanotrophs
are aerobic bacteria which utilize methane as their sole carbon and energy source.
Methane gas can be used to produce methanol, using methanotrophs, instead of using
methane.
> Use ethyl alcohol fermented from grain-based biomass, such as corn or sweet sorghum
and molasses from sugar, for alcoholysis of vegetable oils or fats.
> Potassium hydroxide derived from wood ash or sodium hydroxide derived from sea salt
can be used as a catalyst along with bio-based methanol in the production of Biodiesel.
Influence of Feedstock and Process Chemistry on Biodiesel Quality, Institution of Chemical
Engineers: Process Safety and Environmental Protection. 2007, S. Saraf
> The transesterification reaction yield/conversion is affection by the following variables:
molar ratio, temperature, impurities, and catalysts.
> Recommend a starting material should have a free fatty acid content of less than 0.5
weight percent. The waste in cooking oil is generally high in free fatty acids (-2.0
weight percent).
> Hydroxide catalysts resulted in increased saponification (formation of soap) side-
reaction and higher solubility of fatty acid methyl esters in glycerol leading to reduced
Biodiesel yields.
> Temperature control is important not to produce any other side reactions.
Solazyme Produces World's First Algal-Based Jet Fuel, South San Francisco, California,
September 9, 2008. www.solazyme.com
> Fuel passes all tested specifications including the most critical ASTM D1655
Specifications.
> A unique algal conversion process allows algae to produce oil in large tanks quickly,
efficiently and without sunlight. The process can employ a variety of non-food
feedstocks, including cellulosic materials such as agricultural residues and high-
productivity grasses including bagasse and switchgrass as well as industrial byproducts
such as crude glycerol.
APPENDIX G- POLLUTION PREVENTION INSIGHTS AND BEST PRACTICES
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Biodiesel from Used Frying Oil. Variables Affecting the Yields and Chacteristics of the
Biodiesel, American Chemical Society. 2005, Jose M. Encinar
> The methanol/oil molar ratio was one of the variables that had more influence on the
process. The best results were obtained at a molar ratio of 6:1.
> The transesterification progress was satisfactory at room temperature, which could be
very interesting for industrial-scale production due to the energy savings that it would
imply.
Room-Temperature Conversion of Soybean Oil and Poultry Fat to Biodiesel Catalyze by
Nanocrystalline Calcium Oxides, Energy and Fuels. 2006, Chinta Reddy
> Nanocrystalline calcium oxide is an efficient catalyst for the production for
environmentally compatible biodiesel fuel in high yields at room temperature using
soybean oil and poultry fat as raw materials.
> The reason nanocrystalline calcium oxides would be considered more favorable is the
reduction in energy consumption.
Biodiesel Production Technology, National Renewable Energy Laboratories, 2004, J. Van
Gerpen, www.methanol.org/pdf/BiodieselProductionTechnology.pdf
> The shear created by a centrifugal pump can create emulsion problems for the product
stream from the biodiesel reactor.
> Positive displacement pumps are more desirable. Example: internal or external gears or
lobe pumps.
> Mechanical crushing is preferred for smaller plants because it requires a smaller
investment. Typically plants that process less than 100,000 kilograms/day use
mechanical crushing and plants that process more than 300,000 kilograms/day use
solvent extraction.
n Before the oil can be extracted, the seeds must be prepared. This involves
removing stems, leaves, stones, sand, dirt, iron, and weed seeds. After cleaning,
the seeds are often dehulled. The hulls are abrasive and contain very little oil
(less than 1%). Removing the hulls reduces the wear on the screw press. It can
also increase the extraction of oil because the hulls absorb oil.
> A key quality factor for the primary alcohol is the water content. Water interferes with
transesterification reactions and can result in poor yields and high levels of soap, free
fatty acids, and triglycerides in the final fuel.
APPENDIX G- POLLUTION PREVENTION INSIGHTS AND BEST PRACTICES
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
North Carolina community college hires biofuels instructor, offers biofuels degree, Biodiesel
Magazine. May 2008
> The program will train students to work in three areas: using vegetable oils to produce
biodiesel; primarily corn-based ethanol production; and the production of biofuels from
biomass including grasses, landfill and hog waste.
> The courses will include biofuels analytics, biofuels waste management and renewable
energy technology. As part of the interdisciplinary approach, students will also take
courses in chemistry, electrical control systems, welding, bioprocessing practices and
small business development.
> Graduates of the program are expected to qualify for numerous positions within the
industry including plant technician, plant manager, lab technician, sales manager,
process coordinator or business owner.
Professional Engineering; December 12, 2007, Vol. 20 Issue 22, p47-47
> Scientists at the University of Leeds are turning low grade sludge into hydrogen-rich
gas. Researchers are converting glycerol into hydrogen gas.
> "The process developed by Dr Valerie Dupont and her co-investigators in the faculty of
engineering at the university mixes glycerol with steam at a controlled temperature and
pressure, separating the waste product into hydrogen, water and carbon dioxide, with no
residues. An absorbent material filters out the carbon dioxide, which leaves a much
purer product."
> The CO2 that is generated is not produced from fossil fuels.
Optimization of bio-hydrogen production from biodiesel wastes Klebsiellapneumoniae,
Biotechnology Journal. Vol. 2, no. 3, pp. 374-380. March 2007. Fei Liu
> Details components that need to be in place to maximize bio-hydrogen production
When Pollution is a By-Product of "Clean Fuel. " BioCvcle. April 2008, Vol 49 Issue 4, P14-14
> The discharges from biodiesel plants can be hazardous to birds and fish.
> The oil and glycerin deplete the oxygen content of the water very quickly and that will
suffocate fish and other organisms.
> In January 2008, a Missouri businessman was indicted in a glycerin discharge that killed
at least 25,000 fish.
Catalysts in Production of Biodiesel, Journal of Biobased Materials and Bioenergy. Vol. 1, no
l,pp 19-30. Apr 2007
> This paper is a 10,000 foot view of biodiesel. It reviews the literature regarding both
catalytic and non-catalytic production of biodiesel.
> Provides information on the advantages and disadvantages of different methods and
catalysts.
APPENDIX G- POLLUTION PREVENTION INSIGHTS AND BEST PRACTICES
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Best Practices
When using a batch reactor to produce biodiesel, the reactor should be closed-looped to capture
the methanol.
> The methanol can be burned as a "biogas" to provide power to the plant or can sell the
excess power to the grid, which is similar to what Waste Management, Inc., does at
landfills.
The bi-products of burning methanol are CO2 and water.
> A carbon dioxide scrubber or "carbon capture" system can be useful in not allowing as
much carbon dioxide to be released.
A consideration for excess methanol is to convert the methanol to hydrogen, www.biodiesel.org/
resources/reportsdatabase/reports/gen/2002100 l_gen-3 54.pdf
If applicable, recycle methanol to continue to use in the process of making Biodiesel. Methanol
is an essential ingredient in producing a compound called "sodium methoxide," which is a key
component in producing Biodiesel
Insulate all pipes, reactors, and anything else that can be insulated.
> With temperature extremes occurring in the Midwest it is important to maintain consistency
of temperature
Use straighter larger pipes where possible
> Using larger pipes helps reduce friction.
> Less power and energy will be required from the pumps when using larger straighter pipes.
> Avoid elbows and curves; use only if need.
Use energy optimization tools provided by the Department of Energy.
> Energy Savings Profiler wwwl.eere.energy.gov/industry/bestpractices/quickpep_tool.html
> Improving heating System Performance
wwwl.eere.energy.gov/industry/bestpracti ces/pdfs/proc_heat_sourcebook.pdf
Use non-virgin oil whenever possible to produce Biodiesel.
> Using cooking oil from restaurants or other large scale operations is a plus.
> The plant should try to obtain the same type of oil to improve consistency and quality of
finished product.
n Example: Obtain oil from all fried chicken restaurants (Similar to the system used in
NYC.)
APPENDIX G- POLLUTION PREVENTION INSIGHTS AND BEST PRACTICES
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Consistency of water, on-site purification should be strongly considered.
> Maintain consistency of water by using second stage cleaning.
> Solar powered purification units can be used to purify water.
> The purification may only be viable in large scale production of biodiesel, should be
considered on a plant by plant basis.
A excellent source of background information, an excellent technical reference guide from "The
federal network for sustainability" is:
> www.federalsustainability.org/initiatives/biodiesel/biodieseltrg.htm
> This document contains valuable information for producers on the laws and incentives
mandated and offered by the federal government.
> The one drawback to this article is that it is a little out of date. It was published in
November 2005.
Bio-methanators should be considered as a way to produce "biogas" for plant use.
Geothermal and solar power should be considered as a way to reduce fossil fuel energy
consumption.
Important to make sure that everything that will touch the biodiesel or methanol is lined or
coated to prevent corrosion.
> Methanol eats uncoated plastic.
> Try to avoid uncoated metal as it will rust and then contaminate the fuel making the fuel
"rusty."
> Avoid having natural rubber seals or hoses that are in direct contact with the Biodiesel
Advantages of Proprietary Solid Catalyst Synthesis Process
Texas Biodiesel holds the worldwide exclusive right to commercialize technology developed by
the U.S. Department of Energy (DOE) Idaho National Laboratory. Visit
www.texasbiodiesel.com/research.htm for more information.
Optimization of the Continuous Process for Biodiesel Production
A study grant started by the DOE in 2005, awarded to the state of Alabama. The funding was
canceled at the last minute, so Alabama Biodiesel stepped up, raised the money and completed
the study, www. eere. energy. gov/state_energy_program/proj ect_detail. cfm/sp_id=78 8
EPA Region 9 Innovative Research Project on Biodiesel Production
Olof Hansen, EPARegion 9, (415) 972-3328
Currently has a project going at the University of Nevada-Reno, on continuous computer
controlled biodiesel production. The goal of this project is to reduce NOx emissions in the
preproduction stage.
APPENDIX G- POLLUTION PREVENTION INSIGHTS AND BEST PRACTICES
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
Available Energy (BTU/gaiion)
Fuel Efficiency Statistics
Biodiesel contains 8% less energy per gallon than typical No. 2 diesel in the United States; 12.5% less
energy per pound. The difference between these two measurements is caused by the fact that biodiesel
is slightly more dense than diesel
fuel, so there are slightly more
pounds in a gallon of fuel. All
biodiesel, regardless of its feedstock,
provides about the same amount of
energy.
140,000
The difference in energy content can
be noticeable if one is using B100.
When using B20, the difference in
power, torque, and fuel economy
should be between 1% and 2%.
Most users report little difference
between B20 and No. 2 diesel fuel.
As the biodiesel blend level is
lowered, any differences in energy
content become diminished and
blends of B5 or less do not cause
noticeable differences in performance compared to diesel No.2 . Visit
www.nrel.gov/vehiclesandfuels/npbf/pdfs/40555.pdf for more information.
Typical Diesel No. 2
Biodiesel (B100)
Continuous Process Biodiesel
The continuous process eliminates several neutralization and washing steps (and the associated waste
streams) needed for conventional processes using homogeneous catalysts, such as sodium hydroxide or
sodium methylate. In addition, the glycerin byproduct from Esterfip-H has a purity of better than 98%,
compared to about 80% from homogeneous-catalyzed routes. (Chemical Engineering Corp, 01-
DEC-07, Marshall, Rebekkah)
On average, using current refining equipment setup in a continuous flow process can have a conversion
efficiency of 0.98. www.sage.wise.edu/energy/Biodiesel_Manuscript.pdf
Continuous process production can produce more consistent batches of biodiesel than batch reaction.
(reference biodieselmagazine.com/article-print.jsp?article_id=460
APPENDIX G- POLLUTION PREVENTION INSIGHTS AND BEST PRACTICES
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
APPENDIX G- POLLUTION PREVENTION INSIGHTS AND BEST PRACTICES
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APPENDIX H - DEFINITIONS OF ACRONYMS
Below is a list of common acronyms and their meanings. A more comprehensive list of
environmental terms and acronyms can be found at: www.epa.gov/OCEPAterms/
ANSI American National Standards Institute
API American Petroleum Institute
ASME American Society of Mechanical Engineers
ASTM American Society of Testing Materials
ATSDR Agency for Toxic Substances and Disease Registry
BACT Best Available Control Technology
BOD Biochemical Oxygen Demand
BTU British Thermal Unit
CAA Clean Air Act
CAS Chemical Abstracts Service
CBI Confidential Business Information
CBOD Carbonaceous Biochemical Oxygen Demand
CDE Central Data Exchange
CEPPO Chemical Emergency Preparedness and Prevention Office
CERCLA Comprehensive Environmental Response, Compensation, and Liability Act (or
"Superfund")
CESQG Conditionally Exempt Small Quantity Generator
CFCs Chlorofluorocarbons
CFR Code of Federal Regulations
CO Carbon Monoxide
CO2 Carbon Dioxide
CT Counter-Terrorism
CWA Clean Water Act
DDGS Dried Distillers Grain with Solubles
DOT U.S. Department of Transportation
EMS Emergency Medical Service
EPA U.S. Environmental Protection Agency
EPA HQ U.S. Environmental Protection Agency Headquarters
EPCRA Emergency Planning and Community Right-To-Know Act
ERPGs Emergency Response Planning Guidelines
FAME Fatty Acid Methyl Ester
FFARS Fuel and Fuel Additive Registration System
FR Federal Register
FRP Facility Response Plan
GPO Government Printing Office
HAPs Hazardous Air Pollutants
HAZMAT Hazardous Materials
HAZWOPER Hazardous Waste Operations and Emergency Response
HCFC Hydrochloroflurocarbon
HP Horsepower
ICP Integrated Contingency Plan
ID Identification
IDLH Immediately Dangerous to Life and Health
ISO International Standards Organization
kg Kilogram
APPENDIX H- DEFINITIONS OF ACRONYMS
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
LAER Lowest Achievable Emission Rate
LDR Land Disposal Restriction
LEPC Local Emergency Planning Committee
LQG Large Quantity Generator
MACT Maximum Achievable Control Technology
mg/L Milligrams per liter
MMBru/hr Million British Thermal Units per hour
MSDS Material Safety Data Sheet
NAAQS National Ambient Air Quality Standards
NAICS North American Industry Classification System
NEPA National Environmental Policy Act
NESHAP National Emission Standards for Hazardous Air Pollutants
NFPA National Fire Protection Association
NIOSH National Institute for Occupational Safety and Health
NOAA National Oceanic and Atmospheric Administration
NO2 Nitrogen Dioxide
NOX Nitrogen Oxides
NOI Notice of Intent
NPDES National Pollutant Discharge Elimination System
NRC National Response Center
NRT National Response Team
NSC National Safety Council
NSCEP National Service Center for Environmental Publications
NSPS New Source Performance Standards
NSR New Source Review
NTIS National Technical Information Service
OCA Offsite Consequences Analysis
ODS Ozone-Depleting Substance
OPA Oil Pollution Act
OSHA Occupational Safety and Health Administration
OSHRC Occupational Safety and Health Review Commission
OSWER Office of Solid Waste and Emergency Response
P2 Pollution Prevention
P&IDs Piping and Instrumentation Diagrams
Pb Lead
PEL Permissible Exposure Limit
PHA Process Hazard Analysis
PM Particulate Matter
POTW Publicly Owned Treatment Works
PPM Parts per Million
PSD Prevention of Significant Deterioration
PSM Process Safety Management
PTD Product Transfer Document
PTE Potential to Emit
PWSS Public Water Supply Supervision
RA Regional Administrator
RCRA Resource Conservation and Recovery Act
RFS Renewable Fuel Standard
RICE Reciprocating Internal Combustion Engine
RIN Renewable Identification Number
APPENDIX H- DEFINITIONS OF ACRONYMS
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Environmental Laws Applicable to Construction and
Operation of Biodiesel Production Facilities
U.S. Environmental Protection Agency Region 7
RMP Risk Management Plan
RQ Reportable Quantity
RVO Renewable Volume Obligation
SCBA Self-Contained Breathing Apparatus
SDWA Safe Drinking Water Act
SERC State Emergency Response Commission
SIC Standard Industrial Classification
SIU Significant Industrial User
SO2 Sulfur Dioxide
SOCMI Synthetic Organic Chemical Manufacturing Industry
SOPs Standard Operating Procedures
SPCC Spill Prevention , Control and Countermeasure
SQG Small Quantity Generator
STEL Short Term Exposure Limit
SWP Source Water Protection
TC Toxicity Characteristic
TCLP Toxicity Characteristic Leaching Procedure
TDD Telephone Device for the Deaf
TPQ Total Planning Quantity
TRI Toxic Release Inventory
TSCA Toxic Substances Control Act
TSDF Treatment, Storage and Disposal Facility
UIC Underground Injection Control
USDW Underground Source(s) of Drinking Water
UST Underground Storage Tank
UTS Universal Treatment Standard
VOC Volatile Organic Compounds
WHP Wellhead Protection Program
APPENDIX H- DEFINITIONS OF ACRONYMS
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