Whether you are planning a new facility or a modification, there are many permitting scenarios to consider throughout your project. Greenfield sites present questions not only about permit requirements, but also about the viability of your project based on environmental factors. With facility modifications, you must determine whether proposed changes require modification of your existing permits or an entirely new set of permits.
In this guide, we explain the types of permits typically required for sustainable fuel production, as well as regulatory rules and programs mandated by federal agencies.
Standard Permit Requirements for Renewable Fuel Production
The permits below can apply to both greenfield sites and existing renewable fuel production facilities.
Air Permits
Air quality permitting requirements as defined by the EPA’s Clean Air Act. There are numerous permitting requirements, and the applicability of each depends on your location, facility type, and operations. Major source or minor source air permits can apply to your project. Major source permits involve both state and federal regulatory review, which adds complexity to the process and can lengthen approval times. Minor permits, on the other hand, are typically state-driven with a more straightforward process.
Water and Wastewater Permits
Federal, state, and local regulations may apply to water allocation and wastewater discharge at renewable fuel production facilities. Various assessments are required for proposed construction and facility modifications to analyze the impact on water resources and the surrounding ecosystem.
Stormwater Permits
The EPA requires stormwater permits and a Stormwater Pollution Prevention Plan (SWPPP) for new construction. Expansion projects will require either new permits or a No Exposure Certification (NEC), depending on the project’s scope. The assessment process involves hydrogeological studies, identification of watershed districts, and potential PFAS monitoring and reporting.
Renewable Fuel Standard (RFS)
The Renewable Fuel Standard is a federal program that aims to reduce greenhouse gas emissions and expand the renewable fuels sector. Under this program, facilities that produce or import renewable fuels must obtain credits, or Renewable Identification Numbers (RINs). These credits are based on the volume (gallons) of fuel the facility will market.
Newly constructed facilities must establish pathways at least 60 days before beginning fuel production. Existing facilities that plan to expand production must establish pathways and obtain additional RINs for volumes exceeding their current allocation. These pathways are defined as the feedstock and conversion process used to produce a specific fuel. Third-party engineering reviews of these filings will also be required.
National Environmental Policy Act (NEPA) Review
Under the National Environmental Policy Act (NEPA), greenfield and brownfield sites, and facility modification projects funded by the government must, unless exempted, undergo a NEPA review. The NEPA review process is, in general, a comprehensive environmental review of the project and its potential environmental impact. These reviews are conducted in coordination with the agency (e.g., USDA, DOE, etc.) providing the funding.
Other Permitting Considerations
In addition to the permit categories mentioned above, regulatory considerations for greenfield sites can include water availability, historical land use, threatened and endangered species, and wetlands. Due to the complexity of environmental regulatory requirements, it is recommended to develop a permit matrix that identifies the applicable permitting and natural resources issues to be addressed for a successful project. The matrix not only outlines all permit considerations but also ensures these variables are incorporated into your project timeframe.
As permits are secured and you move forward with facility planning, there are additional programs and rules that you must consider to remain compliant with regulatory requirements.
Sustainable Fuel Facility Compliance and Reporting Requirements
Environmental permits have specific operational conditions; inspection, maintenance, and documentation requirements; and regular reporting requirements to maintain compliance and ensure a safe working environment. For greenfield sites, an assessment of your proposed (pre-construction) facility plan will help outline the potential requirements applicable to your facility. With facility modifications, a regulatory assessment will determine whether new permits and reporting guidelines apply based on process changes.
Regulatory reporting for existing facilities occurs seasonally, and deadlines vary by the agency and permit type. Custom Compliance Services (CCS) offered by an environmental engineering consultant helps facility operators manage the creation and timely submission of state and federal reports under these and any other applicable programs.
Process Safety Management (PSM) Rule
OSHA’s PSM standard requires employers to manage risks associated with highly hazardous chemicals, preventing catastrophic releases, fires, and explosions. Clearly defining and managing PSM applicability across a facility and processes is a vital project planning step.
Some of the mandatory requirements under PSM include a Facility Siting Study (FSS) and Process Hazard Analysis (PHA) for new construction and facility modifications if they are subject to the PSM standard. An environmental engineering consultant will conduct these and other assessments to develop a PSM program to manage process safety.
Risk Management Program (RMP) Rule
The EPA’s Risk Management Program (RMP) rule under the Clean Air Act requires facilities handling threshold amounts of regulated toxic or flammable substances to implement accident prevention and emergency response programs. As with OSHA’s PSM standard, clearly defining and managing RMP applicability across a facility and its processes is a vital project-planning step.
Emergency Planning and Community Right-to-Know Act (EPCRA)
To help communities plan for chemical emergencies, the EPA requires reporting on the storage, use, and release of specific chemicals. These reports must be submitted to the applicable federal, state, local, tribal, and territorial governments.
Successful Planning for Renewable Fuel Projects
There are many benefits to working with an environmental engineering consultant experienced in renewable fuel facility regulations. The team at Pinnacle Engineering understands the nuances of federal, state, and local regulations, and the reporting requirements of government agencies.
As a full-service partner, we get involved at the front end of your project to ensure timely submission of permit applications and provide attainable and sustainable solutions to complex challenges. Request a consultation to get started.