USFuelTech will provide complete permitting services to its clients. The following lists the estimated fees for these permitting services including submission to the various agencies, as required, or in some cases, only required to be maintained at the Biodiesel facility.
These plans also require initial training and periodic (mostly annual) updates for staff involved in wastes or materials handling. It could be that you will be exempt from one or more of these requirements, depending on size of the facility.
Also included here are additional details on some of these permits or plans.
These items are assuming the site has been purchased and a Phase 1 Environmental Assessment suitable for a financial institution loan package has been performed. If not, these typically cost about $4,500. Typically permits have initial and annual fees, so we target our work to reduce the number of permits that are needed at a particular site. The areas covered and an estimate of the fees include:
- 1. Air Pollution Control Permits. Depending on the state and the size of the plants, these permits would start at a fee of about $4,000. The fees could vary depending on the location. The South Coast Air Pollution Control Agency in California, for example, would cost significantly more. Most states and smaller plants should be readily accomplished for this fee.
- Land disturbance permit. Various states and municipalities have these permits, especially if the area is over 1 acre, and most could be prepared for
$3,500 depending on the location. Some areas do not have these requirements. - Spill Prevention Control and Countermeasures Plan (SPCC). You may not be required to prepare this plan unless you have 1,320 gallons of any oils maximum on the site, including oil in transformers or other electrical gear, all in containers 55-gallons or larger. Typical costs for an SPCC Plan range from $4,500 - $6,000.
- Facility Response Plan (FRP). An FRP is only for very large oil users, and I don’t anticipate you will need this plan (typically for storage of over 1 million gallons).
- Stormwater Pollution Prevention Plan. These plans are almost universally required by industry, and one can be prepared for about $3,500. You will also be required to prepare an application for a Certificate of Coverage under the each state’s General Permit for Storm water Discharge. The fee above should also cover the permit application.
- Wastewater Discharge Permit. Depending on the location and the volume discharged, this could be a relatively simple permit, even more so if there is no wet wash. We would not anticipate treatment of discharged water, and preparing a permit would start at $1,500.
- Hazardous Waste Contingency Plan (HWCP). If any hazardous waste are generated, then a customized Integrated Hazardous Contingency Plan can eliminate some plan duplications, and will also include the HWCP. Your facilities may require only a small version of this plan, because you will be either a small quantity generator or a conditionally exempt small quantity generator of hazardous wastes, if at all. If required, there is initial and periodic staff training needed. Plan to spend $5,000 or more for the preparation of this plan. You will also be required to prepare an EPA ID number application. The fee above should also cover the permit application. (Don’t include the cost of this plan unless there will be hazardous waste from a particular plant).
- Occupational Safety & Health Administration (OSHA) Emergency Plans. Each of these plans are a section in an overall OSHA Plan for your facility. Although they are reasonably standard, there are customizations needed, and you will have to provide input for completing the plans. A complete set will require a professional fee in the $5,000 to $8,000 range. There will be training needed for your staff initially and periodically also.
- OSHA Laboratory Chemical Hygiene Plan. This is a simpler plan, and can be wrapped up in the above plan. Plan to spend less than $2,000 for this effort.
- PCB Spill Response Plan. Unless you have PCB™s at your facility, you will not need this plan.
- Transportation Security Plan. We prepare these plans for about $2,500. The training required under these plans can be incorporated into the HWCP. Any facility that ships placarded chemicals is required to have this plan.
- Risk Management Plan. We do not anticipate your plants will need this plan, as it is only for plants that have large quantities of chemicals that can cause toxic air problems if released. If a biodiesel plant has certain hazardous chemicals, then you will have to prepare this plan. It is relatively more expensive, but based on our knowledge of your typical facilities, you should not have to prepare this plan under the Clean Air Act Risk Management Plan for Chemical Accident Prevention (40 CFR 68).
- Other. You should also consider a materials management plan and a permit compliance approach and compliance calendar. We can assist you with those efforts, and the costs can depend on the extent that you participate and the degree of effort you contribute. We can also discuss general concepts and you can design or purchase software to manage the ongoing activities at your facilities.
Further Details
Here are some further details of these plans in addition to the permits described above permits (Air, Wastewater, Stormwater, Land Disturbance, and EPA ID Number):
There are a number of separate and distinct laws which govern the handling, storage, use and manufacture of oil and other hazardous materials (HAZMAT). These laws were promulgated to regulate specific materials or specific types of facilities and form a patchwork of requirements. Some of these laws require contingency or emergency response plans of one form or another, and each of these plans apply to only a limited array of circumstances.
Here is a summary of the major individual plans potentially required for an industrial facility as part of the overall emergency response plan. Refer to the table below for HAZMAT categories and corresponding plans required for those categories.
| HAZMAT CATEGORY | POTENTIALLY REQUIRED PLAN |
| Oil | Spill Prevention, Control, and Countermeasures (SPCC) Plan; Facility Response Plan (FRP) |
| Hazardous Waste | Contingency Plan |
| OSHA Hazardous Material | Emergency Plans |
| Laboratory Chemicals | Chemical Hygiene Plan |
| PCB | Spill Response Plan |
Spill Prevention Control Countermeasures Plan (SPCC)
Title 40 Code of Federal Regulations (CFR) 112.1
The SPCC Plan is required under the Clean Water Act (CWA) for "facilities that store, transport, or handle oil and could reasonably be expected to discharge oil in harmful quantities to navigable waters." Specifically, an SPCC Plan is required if the facility stores more than 42,000 gallons of oil in underground tanks, or 1,320 gallons of oil in aboveground tanks, in containers 55 gallons and larger. For purposes of this regulation, "oil" means oil of any kind or in any form, including, but not limited to petroleum, fuel oil, sludge, oil refuse, and oil mixed with waste other than dredged spoil. SPCC Plans must be updated every five years, or within one year of a change in design, construction, operation, or maintenance, and are kept on file at the facility. An SPCC Plan has the following six required elements described in 40 CFR 112.7:
- a written description of any spills and corrective actions within the previous 12 months, and plans for prevention of future spills;
- predictions of direction, flow rate, and quantity of discharge for each major type of failure where reasonable potential for equipment failure exists (e.g., overflow, rupture, leakage);
- details of appropriate containment or diversionary structures used to prevent oil from reaching navigable waters;
- if installation of containment or diversionary structures is not practicable, a strong contingency plan and a written commitment to the expeditious control of oil discharges is required;
- documentation that the facility design, construction, operation, and maintenance conforms with the requirements of 40 CFR 112.7 (e); and
- certification by a Professional Engineer (PE), unless certain exemptions are used and appropriate management approvals.
An SPCC Plan generally does not include detailed emergency response plans for dealing with releases after they occur.
Facility Response Plan (FRP)
40 CFR 112.20
The FRP is required under the Oil Pollution Act (OPA) of 1990 for facilities which transfer oil over water to or from vessels and have a total oil storage capacity greater than or equal to 42,000 gallons, or for facilities that have a total oil storage capacity greater than or equal to one million gallons and if one of the following is true:
- The facility does not have secondary containment for each aboveground storage area sufficiently large to contain the capacity of the largest above-ground oil storage tank within each storage area plus sufficient freeboard to allow for precipitation;
- The facility is located at a distance (as calculated using the appropriate formula in Appendix C of the regulations or a comparable formula) such that a discharge from the facility could cause injury to fish, wildlife, and sensitive environments;
- The facility is located at a distance (as calculated using the appropriate formula in Appendix C of the regulations or a comparable formula) such that a discharge from the facility would shut down a public drinking water intake; or
- The facility has had a reportable oil spill in an amount greater than or equal to 10,000 gallons within the last five years.
FRPs are extensions of SPCC Plans designed to cover detailed response actions in the event of a release. FRPs are submitted to the EPA and to other agencies, such as the U.S. Coast Guard, which may have jurisdiction. An FRP has a number of basic elements described in 40 CFR 112.20 (h) and in Appendix F to 40 CFR 112 which include:
- an overview of the facility and a description of past activities at the facility;
- responsibilities of qualified individual coordinating emergency response actions;
- emergency notification phone list;
- spill response notification form;
- response equipment list and location;
- response equipment testing and deployment information;
- facility response team description, including training programs;
- evacuation plan;
- a description of immediate actions in the event of a discharge;
- diagrams that include a detailed facility layout, drainage plan, and evacuation diagrams; and
- a response plan cover sheet.
Hazardous Waste Contingency Plan
40 CFR 262.34 (a) and 264.50 - 56
A hazardous waste contingency plan is required by the Resource Conservation and Recovery Act (RCRA) for facilities that generate, store, treat, or dispose of hazardous waste. Contingency plans may be amendments to SPCC Plans, but must be submitted to police and fire departments, hospitals, and state and local emergency response teams. A Hazardous Waste Contingency Plan has the following five required elements described in 40 CFR 264.52:
- description of actions to be taken in response to fires, explosions, or any unplanned release of hazardous waste;
- descriptions of arrangements agreed to by local police and fire departments, hospitals, contractors, and emergency response teams to coordinate emergency response services;
- an up-to-date list of names, addresses, and telephone numbers of primary and alternate emergency coordinators;
- a list of emergency and decontamination equipment, location, description, and outline of capabilities; and
- an evacuation plan for facility personnel, including procedures and routes.
Occupational Safety and Health Administration (OSHA) Emergency Plans
29 CFR 1910.38 (a) and 1910.120 (l)(2)
OSHA provides for two levels of emergency planning for facilities that manufacture, handle, use, or store hazardous materials. Both types of plans must be available to employees under the Hazard Communication Standard of 29 CFR 1910.1200. For facilities which fall under a particular OSHA standard (e.g. asbestos or vinyl chloride), and which will evacuate all employees in the event of an emergency, and will not permit any employees to assist in emergency response, a basic emergency action plan meeting the requirements of the appropriate standard and 29 CFR 1910.38(a) is required.
For facilities that plan to respond to emergencies and assist in the control and mitigation of a release, an Emergency Response Plan is required. This plan is also required for responses to past hazardous materials releases. The Emergency Response plan must contain at a minimum, the following 11 elements (29 CFR 1910.120 (l)(2)):
- pre-emergency planning;
- personnel roles, lines of authority, and communication;
- emergency recognition and prevention;
- safe distances and places of refuge;
- site security and control;
- evacuation routes and procedures;
- decontamination procedures;
- emergency medical treatment and first aid;
- emergency alerting and response procedures;
- critique of response and follow-up; and
- personal protective equipment and emergency equipment specifications.
OSHA Laboratory Chemical Hygiene Plan
29 CFR 1910.1450(e)
Laboratory operations are also covered by OSHA standards. OSHA requires each laboratory handling hazardous chemicals to develop and make available a Chemical Hygiene Plan. The Chemical Hygiene Plan is intended to document procedures designed to protect the employees from hazards associated with chemical exposure. The Chemical Hygiene Plan must include a number of elements that cover day to day operations and standard operating procedures. The Chemical Hygiene Plan should also include a plan for responding to spills in the laboratory setting.
PCB Spill Response Plan
40 CFR 761.125
EPA regulations do not specifically require a written plan for response to spills of polychlorinated biphenyls (PCBs). However, the activities required after such a spill are extensive and unique to PCBs. For this reason, a plan for the event of a PCB spill is recommended. The PCB Spill Response Plan should include the following elements:
- reporting requirements, with names and telephone numbers of appropriate agencies;
- immediate response procedures;
- information on containers, labeling, and disposal requirements for cleanup debris;
- methods for determining spill boundaries;
- separate discussions of the cleanup requirements for different categories of spills (i.e., low-concentration spills with less than 1 pound of PCBs, or high concentration spills and low-concentration spills with more than 1 pound of PCBs);
- decontamination procedures for different PCB use areas;
- required records; and
- post-cleanup sampling requirements.
Other Plans
In addition to these major plans, some facilities may be required to prepare additional plans. These are briefly described below:- Clean Air Act Risk Management Plan for Chemical Accident Prevention (40 CFR 68)..
- Pesticide fire fighting plans may be required for facilities that store pesticides bearing the "warning" or higher toxicity symbols (40 CFR 165.10 (g), and state/local regulations).
- The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) provides for the development of a National Contingency Plan and Area Contingency Plans. Facilities may be required to provide information to assist the responsible agencies in preparing and updating the Area Contingency Plans (40 CFR 300).
- The Emergency Planning and Community Right-to-Know Act (EPCRA) requires Local Emergency Planning Committees (LEPCs) to gather chemical storage and release information from facilities to assist in emergency response planning (40 CFR 302, 355 and 372). Tier I, II submittals are required, and Tier III submittals may be required
- Specific types of oil handling and transportation facilities, such as on-shore pipelines require additional emergency response plans under the OPA and other regulations (49 CFR 194).
Integrated Contingency or HAZMAT Plan
A single plan addressing all the different plans will minimize duplication in the preparation and use of emergency response plans saving time and money. The HAZMAT plan should allow coordination with plans that are maintained by local emergency planning committees under EPCRA and Area Committees under the OPA. The following is the Air Force HAZMAT Plan Format as outlined in AFI 32-4002.
- Introduction
- Emergency Action Plan
- Telephone Roster
- Mission Statement
- Legal Authority and Responsibility for Responding
- Abbreviations and Definitions
- Assumptions/Environmental Settings
- Concept of Operations
- Governing Principles
- Organizational Roles and Responsibilities
- Relationship to Other Plans
- Instructions on Plan Use
- Purpose
- Plan Distribution
- Record of Amendments
- Hazards Analysis
- Hazards Identification
- Vulnerability Analysis
- Risk Analysis
- Capability Assessment
- On-site Resources
- Off-site Resources
- Response Functions
- Initial Notification of Response Agencies
- Direction and Control
- Communication (among responders)
- Warning Systems and Emergency Public Notification
- Public Information/Community Relations
- Resource Management (including training)
- Medical Support
- Environmental Management
- Decontamination Procedures
- Personal Protection of Citizens
- Indoor Protection
- Evacuation Procedures
- Other Public Protection Strategies
- Fire and Rescue Support
- Security Police Support
- Civil Engineering Support
- Other Support Services
- Containment and Cleanup
- Documentation and Investigative Follow-up
- Procedures for Testing and Updating the Plan
- References
