Alternative energy systems
Environmental regulations can be complicated and overlapping, often proving difficult to identify all requirements that apply to an operation. In each Related Program Index (RPI) this task is simplified by identifying implications one program applicably often has on others.
This RPI uses the J.J. Keller & Associates, Inc. broad regulatory knowledge to recommend regulations and compliance programs that may also apply when a facility operates an alternative energy system (i.e., solar power generation and wind turbine).
If you install or operate an alternative energy system, you should consider ...
Waste generation and disposal
The maintenance of alternative energy systems can generate a variety of regulated wastes. These commonly include waste solvent rags, used oil, universal waste, and more.
Solvent contaminated industrial rags used to clean up parts, equipment, or small spills, that are contaminated with certain solvents and managed according to the specific exclusions in 40 CFR 261.4. This management includes storing rags in closed, non-leaking containers, labeling containers, removing free liquids, send wipes off-site within 180 days, and recordkeeping requirements.
Used oil may be managed as a hazardous waste or under the less stringent management and disposal requirements. Generators should avoid mixing used oil with hazardous wastes, store used oil in tanks or containers that are in good condition and properly labeled, prevent leaks and releases, and clean up any leaks and spills that occur.
Federal regulations identify five specific categories of materials that can be managed as universal wastes: batteries, pesticides, mercury-containing equipment, lamps, and non-empty aerosol cans. Universal wastes must be stored universal wastes in appropriate containers, be collected in containers labeled with the words “Universal Waste” and the type of universal waste (e.g., waste batteries, waste lamps), and be shipped offsite within one year. In some jurisdictions photovoltaic panels have specifically been added as a state universal waste.
Regulatory citations:
- 40 CFR 261.4
- 40 CFR 279
- 40 CFR 276
Related Compliance Network subject:
- Waste (SMS topics: waste rags, special waste, universal waste)
Oil pollution prevention
The Oil Pollution Prevention Standard (40 CFR 112) applies to facilities that, due to their location, can reasonably be expected to discharge oil as described in paragraph 112.1(b). Facility owners and operators should consider any man-made structures, including energy generation systems, that may discharge oil pollution into navigable waters in their spill prevention, control, and countermeasure (SPCC) plan. For example, a solar system or wind turbine with petroleum products in the system or auxiliary equipment would likely need to be included in an SPCC.
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Stormwater
Alternative energy systems that are situated outdoors will need to address the potential for stormwater runoff hazards to the environment through secondary containment, National Pollutant Discharge Elimination System (NPDES) permitting, or both.
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Emergency Planning and Community Right-to-know Act
Emergency Planning and Community Right-to-Know Act (EPCRA) was first written to reduce the likelihood of chemical related disasters in the U.S. The Community Right-to-Know provisions of EPCRA, increase the public access to information about chemicals in their community. EPCRA has five major provisions, all of which could apply to the operation of an alternative power generation system, but the most common overlap is found in the hazardous chemical storage reporting requirements (also known as Tier II).
The Tier II section of EPCRA requires facilities handling or storing any hazardous chemicals in an amount equal to or greater than their threshold levels to file an inventory report. EPCRA does not have a chemical list, rather it covers all hazardous chemicals, means any hazardous chemical as defined by OSHA, with some extremely hazardous substances having lower reporting thresholds.
Systems generating solar, wind or other alternative energies can trigger EPCRA Tier II reporting for hazardous chemicals including sulfuric acid, found in large lead acid batteries used in power storage banks and hydraulic fluids.
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Air programs
Solar and wind projects may be subject to air permitting because of the use of process-support boilers and emergency-use engines. During the design process, facilities should evaluate federal, state, and local air regulations to determine if the system being evaluated would trigger action.
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Species protection
The Endangered Species Act (ESA) and Migratory Bird Treaty Act (MBTA) can both be affected by the installation and operation of alternative power generation systems. Projects should be evaluated for potential impacts to protected species, prior to being installed.
The ESA intends to protect species that are under threat of extinction and promote their recover and the MBTA bans the take (including killing, seizing, selling, trading, and moving) of protected migratory bird species. Under both the ESA and MBTA a take cannot occur without permission (permitting) beforehand by the Department of Interior U.S. Fish and Wildlife Service.
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