ethanol plants manual

8/12/2019 Ethanol Plants Manual

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U.S. Environmental Protection Agency Region 7

ENVIRONMENTAL LAWSApplica le to

!on"tr#ction an$ Operation

o%

Et&anol Plant"

www.epa.gov/region07/priorities/agriculture
http://www.epa.gov/region07/priorities/agriculturehttp://www.epa.gov/region07/priorities/agriculturehttp://www.epa.gov/region07/priorities/agriculture


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Environmental Laws Applicable to Construction and Operation of Ethanol PlantsU.S. Environmental Protection Agency egion !

WHAT IS THE PURPOSE OF THIS MANUAL?

This compliance assistance manual serves as a road map of information on federal environmental programs and federal and state agency roles. Air, water, ha!ardous waste, accident prevention andrelease reporting are e"amples of requirements that might apply. This manual, li#e a road map,does not contain all the details of the federal and state statutes and regulations. Ethanol facilityoperators need to review the applicable statutes and regulations.

facilities. $tate environmental agenciesmay ta#e the lead in implementing federalenvironmental programs and may havestate requirements in addition to federalenvironmental requirements. The %.$.Environmental Protection Agency andstate environmental agencies wor# in

partnership and are available to answerquestions about applicability ofenvironmental requirements to individualethanol production facilities. &ur goal isto wor# with ethanol facility operators toensure that human health and theenvironment are protected as ethanol

production continues to increase in EPA's(egion ) *Iowa, +ansas, issouri, and -ebras#a .

DISCLAIMERS: This manual provides guidance to help the regulated community and the public understand

ethanol facility obligations under environmental laws.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 tofederal and state laws and regulations for a complete understanding of all legal requirements.

This manual does not represent final agency action and can 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.

There are many federal environmental requirements that apply to ethanol production

This manual has been prepared by the %.$. Environmental Protection Agency (egion ) /iofuels wor# group.


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TABLE OF CONTENTS

INTRODUCTION

".# e$uirement for enewable %uels............................." ".' enewable %uel Standard Program((((((..("&'".) *rief Overview of Ethanol Production Process..........."&!

CHAPTER 1 WHAT LAWS APPLY WHEN IMCONSTRUCTING OR MODIFYING ANETHANOL PLANT?

#.# +ational Environmental Policy Act...........................# #.' Clean Air Act............................................................#&' #.) Clean ,ater Act.....................................................#- #. Safe /rin0ing ,ater Act.........................................# #.2 Pollution Prevention Act ........................................#&')

CHAPTER 2 WHAT LAWS APPLY TO OPERATING ANETHANOL PLANT?

'.# Clean Air Act............................................................' '.' Emergency Planning And Community ight 3o 4now Act.............................................................'&2

'.) Clean ,ater Act.....................................................'# '. Safe /rin0ing ,ater Act.........................................' '.2 esource Conservation And ecovery Act 5

6a7ardous ,aste..................................................'&'8

3A*LE O% CO+3E+3S

i


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APPENDICES

APPE+/"9 A & SU::A ; O% LA,S PE 3A"+"+< 3O E36A+OL

P O/UC3"O+ A+/ ,6O 3O CO+3AC3

APPE+/"9 * & E:E


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INTRODUCTION

I.1 Require e!" #$r Re!e%&'(e Fue()

The Energy Policy Act of 0112 amended the 3lean Air Act to establish a (enewable 4uel $tandard *(4$

program. The (4$ program, applicable for 011) 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. (enewable

renewable sources.

About 5.2 billion gallons of renewable fuels were used in the %nited $tates in 0116as motor vehicle fuel. The (4$ program requires that this volume increase to atleast ).2 billion gallons by 0170.

There were about 07 ethanol production facilities in the four(egion ) states in 0117. Thatnumber grew to )2 by -ovember011), according to the (enewable4uels Association.

This guide was developed inresponse to the increasing numberof ethanol production facilities,their potential environmental

implications in (egion ), and ourdesire to help smooth our nation'stransition to a renewable fuelsource while maintaining a

healthy environment.

fuels would include ethanol, biodiesel and other motor vehicle fuels made from

Photo courtesy 8awn 9 8andscape

EPA (egion ) Photo

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I.2 Re!e%&'(e Fue( S"&!*&r* Pr$+r&

If your facility produces 71,111 gallons or more of renewable fuel per year, you must comply with the (enewable 4uel $tandard *(4$ Program.

:ou are required to;

(egister


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Re+i)"r&"i$!

Before selling fuel, producers must registerfirst with Fuel nd Fuel Additi!esRegistr tion "FFARS# progr m then theRFS progr m$ The 44A($ program is acompletely separate program from the (4$

program, each having its own separateregistration process. ore information about44A($ may be found athttp;??www.epa.gov?otaq?additive.htm . The44A($ registration forms may be found athttp;??epa.gov?otaq?regs?fuels?ffarsfrms.htm .

4or the (4$ program, ethanol producers mustregister their company and each facility at

which they produce ethanol 51 34(B1.7721*b C. The registration forms can befound athttp;??www.epa.gov?otaq?regs?fuels?fuelsregistration.htm .

Ethanol producers are required to fill out one D201 01A for the company and oneD201 01/ for each facility. &n form D201 01A, ethanol producers are required toselect (4$F for question ) and (I-


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Tr&!)#er RIN), M$-i!+ RIN) Wi" Fue( &!* Se((i!+ E" &!$(

All renewable producers?importers that sell only the fuel that they create or importmust transfer (I-s with fuel to the ne"t party at the equivalence value. 4orethanol, that is 7 (I- per gallon sold to the ne"t party. (I-s can only betransferred to parties registered for the (4$ program> therefore renewable

producers?importers that sell only the fuel they create or import can only sell toregistered parties. 51 34( B1.770B*a *6 C.

(enewable producers and importers that sell a volume of renewable fuel inaddition to their own may sell between !ero and 0.2 (I-s to any party 51 34(B1.770B*a *5 C. (I-s may only be sold to registered companies, but any companymay purchase ethanol without (I-s.

Pr$*u/" Tr&!)#er D$/u e!")

All parties that transfer renewable fuel must follow the Product Transfer =ocument*PT= regulations per 51 34( B1.772D. Every product transfer document musthave the following information;

-ame 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 (I-s assigned to the volume 51 34( B1.772D*a *2 C> alternatively,assigned (I-s may be transferred on a separate document to the same party onthe same day. If a separate document is used to transfer the (I-s, the PT= thattransfers ownership of the fuel must state the number of gallon (I-sFtransferred and reference the document used to transfer the (I-s.

If no assigned (I-s are being transferred with renewable fuel, the PT= which isused to transfer ownership of the fuel shall state -o (I-s Transferred.F

B(e!*i!+

/lenders of renewable fuel that create motor vehicle fuel *for e"ample by blendingethanol with gasoline to produce E B2 or E 71 , must separate (I-s associatedwith the volume of renewable fuel 51 34( B1.770G*b *0 C. In addition, renewablefuel producers may, upon agreement with their customers, separate (I-s from fuelin situations where customers are splash blending.F /lenders of renewable fuel

INTRODUCTION" &


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with assigned (I-s, must separate the (I-s and change the first digit *+ code ofthe (I-s from 7 to 0 during the compliance quarter when the blending too# placeand before transferring those (I-s to another party.

E0 $r"i!+

Any company that e"ports renewable fuel in its neat form or blended with gasolineor diesel outside of the lower 5B states 51 34( B1.7706*a C *and after Hanuary 7,011), awaii has a (enewable Jolume &bligation *(J& . The (J& fore"porters is determined by retiring (I-s equal to the volume of fuel e"ported timesthe equivalence value, plus any prior year deficit. A producer that e"portsrenewable fuel, must generate (I-s for that volume, and upon e"port, separatethose (I-s 51 34( B1.770G*b *D C. At the end of the compliance year, thee"porter must determine its (J& 51 34( B1.77D1*b C. In the event that ane"porter does not have enough separated (I-s to cover their (J&, they must

acquire separated (I-s to meet the (J& 51 34( B1.77D1*a C.

N$! R$&* U)e $# Fue(

EPA believes that most fuel that can be used as motor vehicle fuel and whichotherwise meets the definition of renewable fuelF *such as biodiesel and ethanolwill ultimately be used as motor vehicle fuel. Therefore, producers and importersof such products can assume that they meet the definition of renewable fuelF andcan assign (I-s to them without trac#ing their ultimate use.

owever, if fuel with assigned (I-s is actually blended into gasoline or diesel thatis #nown to be destined for use in a nonroad application, such as agriculturalequipment, the presumption that led the fuel producer?importer to assign (I-s tothe product is no longer valid. $uch fuel cannot be considered a motor vehicle fueland thus is not in fact a renewable fuelF that is valid for (4$ compliance

purposes. In such cases, the blender should treat the (I-s associated with the blended fuel in the same way as for fuel with assigned (I-s that is used in a heateror boiler.

If a producer?importer is transferring a volume of fuel to a party and #nows the fuelis going off road, then the producer?importer should not generate (I-s for that

volume.

Re/$r*3ee i!+ Require e!")

(enewable producers and importers, obligated parties and owners of (I-s who areneither renewable producers?importer nor obligated parties have several record#eeping requirements. 51 34( B1.7727*e states records must be #ept for 2 years.

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Re $r"

(enewable producers and importers are required to report on a quarterly basis tothe EPA *51 34( B1.7720 . The reporting templates are located at;http;??epa.gov?otaq?regs?fuels?rfsforms.htm . All renewable producers andimporters are required to fill out three of these reports quarterly> (4$ Activity(eport *(4$1711 , (4$ (I- Transaction (eport *(4$1011 , and (4$ (I-


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I.4 Brie# O-er-ie% $# E" &!$( Pr$*u/"i$! Pr$/e))

Ethanol is made from starch orsugar based feedstoc#s. 3orn orother starchy grains are often usedfor the feedstoc#. As grain isdelivered to an ethanol plant, it istypically unloaded and stored in

bins. The grain is thentransferred to the milling process.There are two types of milling

processes> wet milling and drymilling.

The most common process forethanol production is dry milling,where the whole corn #ernel orother grain is ground into a flouror meal. The meal is mi"ed withwater after milling to form a mash. The mash is heated and en!ymes are added to

brea# down the starch to fermentable sugars. The ne"t stage is the fermentation process, which involves adding yeast to convert the sugars to ethanol and carbondio"ide.

The raw product isdistilled afterfermentation. =istillationseparates the liquidethanol from the wetstillage. $tillage is theresidue that settles to the

bottom after fermentation.If the wet stillage is driedit is called dried distillersgrain with solublesF or

dry ca#e.F It can also besold wet, called wetdistillers grain withsolubles,F commonlyreferred to as wet ca#e,Ffor animal feed.

Photo courtesy of the arshall =emocrat -ews

Photo courtesy of the -ebras#a Energy &ffice

INTRODUCTION" & !


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This Page is

Intentionally

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CHAPTER 1 WHAT LAWS APPLY WHEN IM BUILDINGOR MODIFYING AN ETHANOL PLANT?

This chapter discusses environmental laws and regulations that might apply to construction at anethanol plant. A general construction resource that you might find useful is; Managing your Environmental Responsibilities: A Planning Guide for Construction and Development *EPA?D12 / 15 11D . It is available at; http;??www.epa.gov?compliance?resources?publications?assistance?sectors?constructmyer?myerguide.pdf

1.1 N&"i$!&( E!-ir$! e!"&( P$(i/5 A/"

If you're using federal money to construct an ethanol plant or any associated

facility, such as an access road or water supply, then your plant is sub@ect to the -ational Environmental Policy Act *-EPA . -EPA requires federal agencies toincorporate environmental considerations in their planning and decision ma#ingand to prepare a detailed statement assessing the environmental impact of activitiesand alternatives that significantly affect the environment.

The -EPA assessment for ethanol plants should include all potential environmentaland human health impacts. (esources such as wetlands, water quality, ha!ardouswaste, and air quality are commonly analy!ed. Ethanol plants should also consider

potential impacts to road and railway capacity> water supply and local municipalwater systems> and handling and deposition of byproducts *wet or dry ca#e fromthe plant operation. $ignificant effects that are identified and determined to beunavoidable, may require mitigation to reduce or minimi!e the environmental orhuman health impacts.

Ethanol plants can have significant air emissions including volatile organiccompounds, sulfur dio"ide, nitrogen o"ides, ha!ardous air pollutants and

particulate matter. $election of the plant location should focus on minimi!ing airquality impacts to downwind residents and consider other air emission sources inthe area.

CHAPTER 1 WHAT LAWS APPLY WHEN IM BUILDING OR MODIFYING ANETHANOL PLANT?

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http://www.epa.gov/compliance/resources/publications/assistance/sectors/constructmyer/myerguide.pdfhttp://www.epa.gov/compliance/resources/publications/assistance/sectors/constructmyer/myerguide.pdfhttp://www.epa.gov/compliance/resources/publications/assistance/sectors/constructmyer/myerguide.pdfhttp://www.epa.gov/compliance/resources/publications/assistance/sectors/constructmyer/myerguide.pdfhttp://www.epa.gov/compliance/resources/publications/assistance/sectors/constructmyer/myerguide.pdfhttp://www.epa.gov/compliance/resources/publications/assistance/sectors/constructmyer/myerguide.pdfhttp://www.epa.gov/


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As part of the environmental evaluation, EPA recommends completing a thorough emissions accounting and air quality modeling analysis, including fugitive emissions from haul roads and storage piles.

Le also recommend evaluating any pro@ected capacity increase or phased construction approach to consider the total

potential air impacts to the pro@ect area. Photo courtesy of the %$=A A($

ore information about the -EPA process is in Appendi" E of this manual. -EPA contact information is in Appendi" A.

1.2 C(e&! Air A/"

The 3lean Air Act, which was last amended in 7GG1, requires EPA to set nationalambient air quality standards for widespread pollutants from numerous and diversesources considered harmful to public health and the environment. The 3lean AirAct establishes two types of national air quality standards;

%$ &rim r' St nd rds , which set limits to protect public health, including thehealth of sensitive populations such as asthmatics, children and the elderly.

($ Second r' St nd rds , which set limits to protect public welfare, includingvisibility, animals, crops, vegetation, and buildings.

EPA has set national ambient air quality standards for si" principal

pollutants called criteriaF pollutants. $tandards have been set for particulate matter, carbon mono"ide, sulfur dio"ide, nitrogen o"ides, lead, and o!one. -ote, volatile organic compounds lead to the formation of o!one *smog . Areas that have air quality as good

EPA (egion ) Photoor better than the standards areclassified attainment areas. Areasthat do not meet one or more of the standards are classified nonattainment areas.An area may be an attainment area for one pollutant and a nonattainment area forothers. A list of designations is available at 51 34( B7 or at;

www.epa.gov?oar?oaqps?greenb#


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$ignificant quantities of particulate matter *including tiny particulates less than 71microns in diameter #now as P 71 , nitrogen dio"ide, carbon mono"ide, sulfurdio"ide, and volatile organic compounds are released into the air during ethanolmanufacturing activities. $ome of these organic compounds are #nown asha!ardous air pollutants. The volatile organic compounds emitted might include,

but are not limited to, acetaldehyde, acrolein, ethanol, formaldehyde, 0furaldehyde, methanol, acetic acid, and lactic acid. The primary sources of air emissions from ethanol plants include the grainhandling units, boilers, dried distillers grain with solubles *==


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The 3lean Air Act requires certain permits to be obtained to minimi!e airemissions and protect human health and the environment before construction

begins on an ethanol plant. These are described below.

Air C$!)"ru/"i$! Per i")

The 3lean Air Act established a preconstruction permitting progr m in order to preserve and protect the national ambient air quality standards and enhance airquality. It is #nown as the new source re!iew program.

-ew source review permits are issued by state or local air pollution controlagencies. In very rare circumstances, EPA might issue the permit. Le recommendhaving pre application meetings with the permitting agency for construction

permits> this ma#es sure your application is complete which helps speed up the permitting process.

There are two #inds of new source review preconstruction permits;

7. a@or 3onstruction Permits.

0. inor 3onstruction Permits.

The type of permit required depends on the facility's potential to emit pollutantsand the location of the facility.


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a@or 3onstruction Permits

There are two types of ma@or construction permits under the new source review program;

7. Prevention of $ignificant =eterioration.

0. -onattainment -ew $ource (eview permits.

&re!ention of Signific nt Deterior tion &ermits

Prevention of significant deterioration permits are required for new ma@or sourcesor a ma@or source ma#ing a ma@or modification in an tt inment re $

%nder the prevention of significant

deterioration program, a source isconsidered to be a ma@or source ifthe facility has the potential to emit711 tons per year or more of anycriteria pollutant if the source isone of the specific sourcecategories listed in the preventionof significant deteriorationregulations *51 34( Part 20.07*bor 021 tons per year of any criteria

pollutant for sources not

specifically listed in the preventionof significant deteriorationregulations. The 021 tons per yearma@or source threshold applies to

Photo courtesy of Industrial Innovations ethanol plants that produce ethanol by a natural fermentation process.

-ote; EPA published a final rule in the ay 7, 011) 4ederal (egister that changed thefederal prevention of significant deterioration regulations. The final rule changed the

ma@or source threshold for ethanol plants from 711 tons per year to 021 tons per year.$ome state regulations may have retained the 711 ton per year ma@or source threshold andwill therefore be more stringent than the federal regulations. In those instances, facilitieswill need to comply with the more stringent state regulations. /oilers, or a combination of

boilers, totaling more than 021 /tu?yr heat input, will be sub@ect to the 711 ton peryear ma@or source threshold. 3hec# with your state permitting agency to determine whichthreshold applies to your ethanol plant.


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A ma@or modification is any physical change or change in the method of operationof an e"isting ma@or stationary source that would result in a significant netemissions increase of any pollutant sub@ect to regulation under the 3lean Air Act.The prevention of significant deterioration significance thresholds for the various

pollutants under the program are listed in 51 34( 20.07*b *0D *i . The significantthresholds for the criteria pollutants are;

3arbon mono"ide; 711 tons per year

-itrogen o"ides; 51 tons per year

$ulfur dio"ide; 51 tons per year

Particulate atter02 tons per year of particulate matter emissions72 tons per year of P 71,

&!one; 51 tons per year of J&3s or nitrogen o"ides

8ead 1.6 tons per year

The P$= program requires the following elements;

Installation of the /estAvailable 3ontrolTechnology,

An air quality analysis,

An additional impactanalysis, and

Public involvement.


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Best A! il )le Control *echnolog' is n emissions limit tion ) sed on them +imum degree of control th t c n )e chie!ed$ It is a case by case decisionthat considers energy, environmental, and economic impacts. /est Available3ontrol Technology can be add on pollution control equipment or modification ofthe production process or methods. This includes fuel cleaning or treatment andinnovative fuel combustion techniques. /est Available 3ontrol Technology may

be a design, equipment, wor# practice, or operational standard if imposition of anemission standard is infeasible.

The main purpose of the air quality analysis is to demonstrate that new emissionsemitted from a proposed ma@or stationary source or ma@or modification, incon@unction with other applicable emissions from e"isting sources, will not causeor contribute to a violation of any applicable national ambient air quality standardsor prevention of significant deterioration increment.

7 an assessment of e"isting air quality, which might include ambient monitoringdata and air quality dispersion modeling results, and

0 predictions, using dispersion modeling, of ambient concentrations that willresult from the applicant's proposed pro@ect and future growth associated withthe pro@ect.

Prevention of significant deterioration increments #eep the air quality in cleanareas from deteriorating to the level set by the national ambient air qualitystandard. The national ambient air quality standard is a ma"imum allowableconcentration ceiling. The prevention of significant deterioration increment is the

ma"imum allowable increase in concentration that is allowed to occur above a baseline concentration for a pollutant. The baseline concentration is defined foreach pollutant. In general, it is the ambient concentration e"isting at the time thatthe first complete P$= permit application affecting the area was submitted.$ignificant deterioration is said to occur when the amount of new pollution woulde"ceed the applicable P$= increment. It is important to note, however, that the airquality cannot deteriorate beyond the concentration allowed by the applicablenational ambient air quality standard, even if not all of the prevention of significantdeterioration increment is consumed.

The additional impacts analysis assesses the impacts of air, ground, and water

pollution on soils, vegetation, and visibility from any increase in emissions of anyregulated pollutant from the source or modification under review and fromassociated growth. Associated growth is industrial, commercial, and residentialgrowth that will occur in the area because of the source.


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on tt inment SR permits

-onattainment new source review applies to new ma@or sources or ma@ormodifications at e"isting sources for pollutants where the source is in n re th tis not in tt inment with the n tion l m)ient ir -u lit' st nd rds , also calleda nonattainment area.F In a nonattainment area, any stationary pollutant sourcewith the potential to emit 711 tons per year or more is considered a ma@or source.

-onattainment new source review requirements are customi!ed for the specificnonattainment area.

All nonattainment new source review programs require;

Installation of the lowest achievableemission rate,

Emission offsets, and

&pportunity for public involvement.

The lowest achievable emission rate is themost stringent emission limitation derivedfrom either of the following;

The most stringent emission limit contained in the implementation plan of anystate for such class or category of source, or

The most stringent emission limit achieved in practice by such class or categoryof source.

The emissions rate may result from a combination of emissions limiting measuressuch as;

Add on pollution control equipment,

A process modification, and?or

A change in the raw material processed.


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&ffsets are emission reductions, generally obtained from e"isting sources in thevicinity of a proposed source that must offset the emissions increase from the newsource or modification and provide a net air quality benefit. The obvious purposefor requiring offsetting emissions decreases is to allow an area to move towardattainment of the national ambient air quality standards while allowing someindustrial growth.

inor 3onstruction Permits

Minor new source re!iew is for pollut nts from st tion r' sources th t do notre-uire pre!ention of signific nt deterior tion or non tt inment new sourcere!iew permits . The purpose of minor new source review permits is to prevent

building sources that would interfere with attainment or maintenance of nationalambient air quality standards or violate the control strategy in nonattainment areas.

inor new source review permits often contain permit conditions that will limit the

source's emissions to avoid becoming sub@ect to the prevention of significantdeterioration or nonattainment new source review regulations. The permitconditions generally involve enforceable emission and?or operating limits that willensure air quality protection. As a result, the permits usually containrecord#eeping, reporting, monitoring, and testing requirements to ensurecompliance with the permit conditions.

A facility obtaining a minor new source review construction permit might,depending on the state's air permitting requirements, be required to conduct an airquality review usingcomputer modeling to

predict the effects that afacility might have on theambient air. Lhether ornot a facility needs tomodel will depend on therate of emissions increase,facility history, plantlocation, type of source,and emission point configurations *e.g. stac# heights . A construction permitcannot be issued if the plant will cause or significantly contribute to predictedviolations of any ambient air quality standard.

The public is given notice when a construction permit might be issued for all threetypes of construction permits *prevention of significant deterioration,nonattainment new source review, and minor new source review . Each state hasdifferent procedures for notification on minor new source review permits. Pleasechec# with the applicable state to verify the procedures.


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Ne% S$ur/e Per#$r &!/e S"&!*&r*)

-ew source performance standards establish technolog'.) sed st nd rds thatregulate criteria air pollutants from new or modified sources. These regulationswere developed to assure that sources are installing the )est.demonstr tedtechnolog' to reduce emissions .

ew source perform nce st nd rds cont in emission limits/ control de!ice ore-uipment re-uirements/ nd wor0 pr ctice, perform nce testing, monitoring,record0eeping, notific tion, nd reporting re-uirements . These regulations can

be found in 51 34( Part 61.

The following new source performance standards typically apply to ethanol plants.

$ubpart A M


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$ubpart +b M Jolatile &rganic 8iquid $torage Jessels Jessels with a capacity of )2 m D *appro"imately 7G,B11

gallons or more

/uilt, reconstructed, or modified after Huly 0D, 7GB5

(egulated pollutanto Jolatile organic compounds

$ubpart : M 3oal Preparation Plants 3oal preparation plants that process more than 011 tons

per day

/uilt, reconstructed, or modified after &ct. 05, 7G)5

(egulated pollutanto Particulate matter

$ubpart == M


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$ubpart IIII M $tationary 3ompression Ignition Internal 3ombustionEngines $tationary compression ignition internal combustion

engines that begin construction *for this regulation, thedate that construction begins is the date the engine isordered by the owner or operator after Huly 77, 0112where the stationary compression ignition internalcombustion engines are;o manufactured after April 7, 0116 and are not fire

pump engi nes,o or manufactured as a certified -ational 4ire

Protection Association fire pump engine after Huly7, 0116

&wners and operators of stationary compressionignition internal combustion engines that modify orreconstruct their stationary compression ignitioninternal combustion engines after Huly 77, 0112.

(egulated pollutantso -itrogen o"ides, particulate matter, carbon

mono"ideo -on methane hydrocarbons *- 3o $ulfur o"ides *through the use of lower sulfur fuels


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N&"i$!&( E i))i$! S"&!*&r*) #$r H&6&r*$u) Air P$((u"&!")

If construction?modification of an ethanol plant involves the demolition orrenovation of any e"isting public or commercial structures, and?or multipleresidential structures, the federal asbestos -ational Emission $tandards for

a!ardous Air Pollutants *-E$ AP regulation *51 34( 67 $ubpart mayapply.

The asbestos -E$ AP requires a thorough inspection by an accredited person prior to commencing demolition or renovation activity. A 71 day prior notificationto the appropriate regulatory agency is necessary for all demolitions, regardless ofwhether any asbestos is present. -otification for renovations is required if there isgreater than 761 square feet or 061 linear feet of regulated asbestos containingmaterial.

The asbestos -E$ AP prohibits any visible emissions from demolition and

renovation pro@ects. The asbestos containing materials must be wetted, and #eptadequately wet, during the removal and disposal process. The asbestos waste must

be stored in lea# tight containers prior to disposal, and must ultimately be disposedin approved landfills.

The asbestos -E$ AP program has been delegated to each of the (egion ) states.4or questions regarding specific demolition or renovation pro@ects, contact theappropriate state agency. In some instances, states have requirements that are morestringent than the federal asbestos -E$ AP.

-E$ APs regulate ha!ardous air pollutant emissions from stationary sources

through technology based standards, #nown as a"imum Achievable 3ontrolTechnology * A3T standards. MAC* st nd rds re designed to re-uire th t

gi!en t'pe of source inst ll the )est.demonstr ted control technolog'! il )le . -ew and e"isting facilities that fall within listed source categories and

are ma@or sources of ha!ardous air pollutants are sub@ect to the A3T standards*although, there are a few A3T standards that include area sources . A ma@orsource of ha!ardous air pollutants has the potential to emit 71 tons per year of asingle pollutant or 02 tons per year of a combination of pollutants. There are 7B)regulated ha!ardous air pollutants. A list of them can be found at;

http;??www.epa.gov?ttn?atw?orig7BG.html


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A3T standards contain emission limits> control device or equipmentrequirements> and wor# practice, performance testing, monitoring, record#eeping,notification, and reporting requirements. A3T standards can be found in51 3.4.(. Part 6D. The following A3T standards might apply to ethanol plants.

$ubpart A M


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$ubpart ===== M Industrial, 3ommercial, and Institutional /oilers 9 Processeaters

This rule was vacated on Hune B, 011), by the %.$.3ourt of Appeals for the =istrict of 3olumbia.

It is essential for a facility to be aware that MAC* st nd rds might ppl' totheir pl nt prior to construction . 4acility operators who construct after a rule is

proposed that will apply to the facility must be in compliance with that rule by thetime they begin operation of the plant.

Ri)3 M&!&+e e!" De)i+! C$!)i*er&"i$!)

The (is# anagement Program is a requirement of 51

34( Part 6B under the 3lean Air Act $ection 770*r .The purpose of this program is to prevent catastrophicaccidents involving e"tremely ha!ardous chemicals.3onsideration of these regulations during the planningand design of an ethanol plant could s !e the f cilit'from costl' fter.construction retrofits . $ee Page 0 Dfor more information about the (is# anagementProgram.

Increase net returns by planning how to prevent

accidents


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1.4 C(e&! W&"er A/"

This section discusses regulations pursuant to the 3lean Later Act that may applyduring the construction or modification of an ethanol plant. Plant operators should

be aware that many requirements that apply during plant operation require permitapplications be submitted well in advance of plant startup *i.e., before or duringconstruction activities . Lhile this chapter focuses on regulations that apply during

plant construction and modification activities, operators should read andunderstand this entire document prior to commencing construction or modificationof an ethanol plant.

Dre*+e &!* Fi((

(egulations developed under $ection 515 of the 3lean Later Act address the discharges of dredged or fill material into waters of the %nited $tates.


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An individual permit is required for activities thatcan have potentially significant impacts.Individual permits are reviewed by the %.$. Army3orps of Engineers, which evaluates applicationsunder a public interest review, as well as theenvironmental criteria set forth in the 3LA$ection 515*b *7 guidelines. 3overage under a

general permit may be suitable for most dischargesthat will have only minimal adverse effects.


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Per i" F$r C$!)"ru/"i$! $# & W&)"e%&"er F&/i(i"5

If you will need to construct any type of wastewater treatment or holding system*including collection systems, pumping stations, storage units, etc. to meet limitsestablished in a wastewater disposal permit *$ee $ection 0.D , you may be requiredto obtain a non 3LA construction permit from your state. The state will requireyou to submit plans and specifications for review and approval before anyconstruction can begin on the treatment system. The treatment system and itsappurtenances must be designed in accordance with the state's design standardswhich have been established to ensure adequate treatment prior to disposal. Pleasecontact the person listed for your state in Appendi" A, 3LA -ational Pollutant=ischarge Elimination *-P=E$ Permits.

1.7 Se Dri!3i!+ W&"er A/"

The S fe Drin0ing 1 ter Act is the federal law that ensures the quality of AmericansN drin#ing water. 3ongress originally passed the act in 7G)5 to protect public health by regulating the nation's public drin#ing water supply. The law was amended in 7GB6 and 7GG6 and requires many actions to protect drin#ing water and its sources *rivers, la#es, reservoirs, springs, and ground water wells . The mandates of the act provide that the Public Later $ystem $upervision program regulates the quality of public drin#ing water and the %nderground In@ection 3ontrol and $ource Later Protection?Lellhead Protection

programs protect drin#ing water sources.

T e Pu'(i/ W&"er S5)"e Su er-i)i$! Pr$+r&

The ma@ority of Americans receive drin#ing water from public water systems. A public water system is defined as any system that provides water to 02 or moreusers or that has 72 or more connections. This includes many types of systems thatmight not normally be thought of as public water systems, such as industries,mobile home par#s, rest stops, schools, and par# facilities that have their ownsource of water. If there are 02 or more wor#ers or daily visitors to a facility that

provides drin#ing water, the facility might be a public water system, regardless ofownership.


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The $afe =rin#ing Later Act authori!es EPA to set national health basedstandards for drin#ing water to protect against naturally occurring and man madecontaminants that might be found in drin#ing water.

-ationally, there are more than 7)1,111 public water systems providing water tothe public, with more than 77,111 of those systems in (egion ). The public watersystem owners and operators are responsible for ma#ing sure they provide waterthat meets EPA standards. &versight of these public water systems is theresponsibility of EPA, states, and tribes.

Industrial facilities that have their own source of water *such as a well or streamand provide drin#ing water to wor#ers, visitors, or the public, are considered publicwater systems. A facility that uses water from another source, such as a municipalwater supply, for drin#ing water is not regulated as a public water system.

If you also plan to use this e"isting water supply as the source of cooling or

industrial processing water, you should chec# with the system operator to ma#esure the system can provide a sufficient quantity and quality of water for yourneeds. This is important for industries such as ethanol plants that need largequantities of water for manufacturing or processing.

If your facility will use its own water supply source to provide drin#ing water to 02or more people per day for at least 61 days of the year, then you are regulated bythe Public Later $ystem $upervision Program, and you must obtain permits fromthe state to build and operate the water supply system. :ou will be required to

perform routine testing of the water for a variety of contaminants, includingmicrobiological, radiological, synthetic organics, and inorganics such as nitrate and

lead.

Every public water system must be operated by a trained and qualified operatorwho is responsible for the quality of the water and meeting regulatoryrequirements. $tates have programs for training and certifying operators at a levelappropriate to the level of water treatment at the facility. It is the responsibility ofthe water system owner to have a certified operator in charge.

Even if you plan to use your own water source for @ust supplying cooling orindustrial processing water, there are several state water supply related permits thatmight be required. These include;

1 ter 2se &ermit . Lithdrawing or using water from a surface orunderground source typically requires a water use permit, depending on thevolume of water that will be used daily.

1ell Construction &ermit . =rilling a new well or modifying an e"isting wellrequires a well construction permit.


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It is important for facilities that plan to use their own water supply source*s toma#e sure that all of the necessary permits are in place before proceeding. 3hec#with the state environmental, health or natural resources office listed in the PublicLater $ystem $upervision section of Appendi" A before building or modifying awater supply.

T e U!*er+r$u!* I!8e/"i$! C$!"r$( Pr$+r&

The subsurface environment has been usedfor centuries to dispose of liquid wastes> the

philosophy was that waste out of sight wasout of mind. (eali!ing that this type ofwaste disposal could contaminate groundwater prompted the development of the%nderground In@ection 3ontrol *%I3

program. The %I3 program was one of thefirst $afe =rin#ing Later Act provisionscreated specifically to protect undergroundsources of drin#ing water. An undergroundsource of drin#ing water is defined as anaquifer or portion of an aquifer that suppliesa public water system or contains sufficientquantity of ground water to supply a publicwater system, that contains less than 71,111 %I3 In@ection Lell eadmg?8 total dissolved solids and that is not ane"empted aquifer.

The %I3 program regulates wells where various municipal, agricultural,commercial and industrial users in@ect fluids underground for disposal,hydrocarbon production and storage, or mineral recovery. The %I3 programdefines an in@ection well as any bored, drilled or driven shaft or dug hole, wherethe depth is greater than the largest surface dimension and is used to dischargefluids underground> or a subsurface fluid distribution system. This definitioncovers a wide variety of in@ection practices, ranging from technically sophisticatedand highly monitored wells that pump fluids into isolated formations up to twomiles below the EarthNs 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 thatin@ected fluids stay within the wells and the intended in@ection !ones and do notendanger underground sources of drin#ing water.

In@ection practices not regulated by the %I3 program include 7 individualresidential waste disposal systems that in@ect &-8: sanitary waste and 0commercial waste disposal systems that serve fewer than 01 people that in@ect&-8: sanitary waste.


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-o in@ection is authori!ed without approval from the appropriate regulatoryauthority. Today, D6 states and territories have primacy for %I3 programs andEPA directly implements 7) programs. These programs regulate more than211,111 in@ection wells. The %I3 program also oversees the disposal of up to BG

percent of all ha!ardous waste that is land disposed in the %.$. In (egion ), allstates, e"cept Iowa, have been granted primary enforcement authority to run the%I3 program. In the case of Iowa, (egion ) directly implements that program.These programs regulate the activities of over DD,111 active in@ection wells in(egion ).

An ethanol plant is sub@ect to the requirements of the %I3 Program if;

It is disposing of storm water, cooling water, industrial or other fluids into thesubsurface via an in@ection well>

It has an on site sanitary waste disposal system *e.g., septic system that servesor has the capacity to serve 01 or more persons> or

It has an on site sanitary waste disposal system that is receiving other than asolely sanitary waste stream regardless of its capacity> or

It is undergoing a remediation process where fluids are being introduced intothe subsurface via an in@ection well to facilitate or enhance the cleanup.

4acilities that discharge fluids to streams, ponds, lagoons, or treatment facilities arenot sub@ect to the provisions of the %I3 program but could be regulated by the3lean Later Act.

It is important that facilities planning on using an in@ection well chec# with thestate environmental, health or natural resources office listed in the %I3 section ofAppendi" A before constructing a new in@ection well or modifying their e"istingin@ection well to ma#e sure that all of the necessary permits or approvals are in

place before proceeding.

Gr$u!* W&"er9S$ur/e W&"er Pr$"e/"i$! Pr$+r& )

%nli#e other EPA environmental programs, there is as yet no O-ational


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0. $ince formation of EPANs &ffice of


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1.: P$((u"i$! Pre-e!"i$! A/"

Pollution prevention is the practice of preventing or reducing waste where itoriginates, at the source. It might include any of the following practices;

conservation of energy or natural resources>

reducing or eliminating pollutants>

equipment or technology modifications>

process or procedure modifications>

reformulation or redesign of products>

substitution of raw materials> or, improvements in house#eeping, maintenance,

training or inventory control.

Although reducing the volume or to"icity of generated waste is the primary pollution prevention ob@ective, facilities implementing such activities could alsoreap additional benefits. These benefits might include; reduced waste managementcosts, reduced energy costs, reduced water costs, more efficient operation, andreduced regulatory requirements.

Pollution prevention opportunities might differ from facility to facility, even if the processes are similar. A company should conduct a pollution preventionassessment to determine the benefits and opportunities available.

A))e))i!+ P$((u"i$! Pre-e!"i$! O $r"u!i"ie)

A pollution prevention assessment is a systematic procedure for identifying waysto reduce or eliminate waste. The four phases of a pollution prevention assessmentare;

7. Planning and &rgani!ation,

0. Assessment,

D. 4easibility Analysis, and

5. Implementation.


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The assessment consists of a careful review of a company's operations and wastestreams and the selection of specific areas to assess. A number of options with the

potential to minimi!e waste are developed and screened after a particular wastestream or area is established as the assessment focus. The technical and economicfeasibility of the selected options are then evaluated. 4inally, the most promisingoptions are selected for implementation.

There are a number of pollution prevention guides available and assistance providers willing to conduct pollution prevention assessments. The EPAPublication 4acility Pollution Prevention


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The table below contains e"amples of potential pollution prevention opportunitiesthat might apply to ethanol production facilities. The items listed in the table donot constitute an e"haustive list. -ote; some items listed might be common

practice for most ethanol production facilities.

P$((u"i$! Pre-e!"i$! E0& (e Be!e#i")"nstalling a condenser to recover ethanolfrom vent discharges during distillation.

ecovered ethanol can be used onsite as a supplemental fuel.

Updating or replacing eFisting grainloading and unloading apparatus.

educed grain and distillers grainlosses.

Updating or replacing older electricmotors and lights.

:ore efficient lights and electricale$uipment will reduce energy costs.

%or dry mill operations replace HdirectcontactI steam use with a Hnon&contactIheat eFchanger.

educes biochemical oFygendemand by J28 percent andwastewater loading by J'2 percent.

eplace eFisting boiler and dryer fuel witha less polluting alternative

esults depend on fuel. :ightreduce particulate matter sulfuroFides and nitrous oFides.

ecyclingBreuse of process water educed water costs.Capture carbon dioFide from fermentationprocess

ecovered carbon dioFide may besold as product. educed odors.

/evelopment of a preventivemaintenance plan =environmentalmanagement system> to proactivelyprevent lea0s and releases caused bypoorly maintained e$uipment

educed emissions and releases.:ore efficient operation of process.

Pave access roads educed fugitive emissions.Combined heat and power educe the energy intensity of

ethanol production by more thantwelve percent.


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CHAPTER 2 WHAT LAWS APPLY TO OPERATING ANETHANOL PLANT?

2.1 Clean Air Act

Air Operating Permit

An ethanol plant might need to obtain an air permit for day-to-day facilityoperations. There are two types of operating permits:

1. Major Source Title V Air ermits.

!. Minor Source Air ermits.

The potential emissions from the plant will determine whether a facility will obtaina major or minor operating permit.

Major Source Title V Air ermits

The federal operating permit program" #nown as the Title V program" was created by the $lean Air Act Amendments of 1%%& and was designed to create a 'one stop( permit. The Title V operating permit compiles all of the applicable state andfederal regulatoryrequirements, existing

construction permitprovisions, andrecordkeeping,reporting, testing, andmonitoringrequirements into onepermit. The intention

behind listing e)erythingin one permit is to helpfacilities maintaincompliance. *t is common

for a facility to ha)ese)eral construction permits for se)eral pieces of e+uipment and it is difficult to#eep trac# of all of the re+uirements in each permit. ,ne permit with all of thefacility s re+uirements is intended to ma#e it easier to trac# the re+uirements.

C"AP#E $ %"A# LA%S APPL& #O A' OPE A#(') E#"A'OL PLA'#*$ + ,


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T!e Clean Air Act Secti"n 112#r$ % Pre&enti"n Pr"gram Re'(irement

Accident pre)ention is re+uired by the $isk %anagement &rogram regulations"5& $67 art 89 under the $lean Air Act Section 11!0r . An owner or operator of afacility 0also called a 'stationary source( that has more than the threshold +uantityof a regulated substance in a process is re+uired to implement a ris# management

program. A ris# management program includes a ha ard assessment" de)elopmentand implementation of an accident pre)ention and emergency response program"and analy ing the conse+uences of worst-case and alternati)e 0less se)erescenarios. This information is then compiled into a 7is# Management lan" or7M " and pro)ided to 4 A.

The purpose of the 7is# Management rogram is to pre)ent catastrophic accidentsin)ol)ing e3tremely ha ardous substances. 43plosions or other chemical accidentscan occur at ethanol production facilities.

'f you aren(t sure whetherthis rule applies to your

facility, call the

)&A *+T ' ) at

/0!!1 232-4526or

/0!!1 775-8683 /T991.

*f one or more processes in an ethanol facility are subject to this rule" they will probably need to de)elop an accident pre)ention program and address emergencyresponse issues. *n order to de)elop the correct le)el of pre)ention program"facility personnel will need to determine whether it is subject to rogram 1"

rogram !" or rogram . Appendi3 $ will help you determine your program le)eland corresponding responsibilities.

C"AP#E $ %"A# LA%S APPL& #O A' OPE A#(') E#"A'OL PLA'#* $ + -


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There are ;; to3ic substances and 8 flammable substances regulated by 5& $67art 89. Some e3amples of chemicals subject to the ris# management program at

ethanol plants are anhydrous ammonia" a+ueous ammonia" sulfur dio3ide" chlorine"and ethylene o3ide. Typically" sulfur dio3ide is used in the wet-milling ethanol

production process. Anhydrous ammonia is sometimes used for adjusting orcontrolling acidity and as a nutrient for the yeast that con)erts sugar to alcohol.6lammable substances are used in the denaturant that are potentially regulatedunder this program" such as pentane" isopentane" isobutene" and butane. A fewe3amples of e3tremely ha ardous chemicals and their 7is# Management rogramthresholds are listed in the table below.

Ri ) *anagement Pr"gram +, C-R Part /.10,

Reg(late S( tance T!re !"l 3(antit4 #in p"(n $

Anhydrous ammonia , /

Sulfur dio0ide 1/

Chlorine $/1

(sopentane2Pentane 3denaturant4 , /

(sobutane25utane 3denaturant4 , /

Ethylene o0ide , /

A6ueous ammonia 3$ percent or more4 $ /

7enaturant with flammable mi0ture with a'ational 8ire Protection Association 9 ratingand more than , percent of listed chemical

, /

C"AP#E $ %"A# LA%S APPL& #O A' OPE A#(') E#"A'OL PLA'#* $ + 9


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2.2 Emergenc4 Planning an C"mm(nit4 Rig!t t" 5n"6 Act

Planning Re'(irement

Section &! of the 4mergency lanning $ommunity 7ight to


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*nitial notifications of a release can be made by telephone" radio" or in person. Any person in charge is to immediately@ report releases to the ational 7esponse$enter at 09&& 5!5-99&! B5& $67 &!.80a C. 7eporting should include thefollowing:

D $hemical name or identity of the releasedsubstanceE

D *ndication of whether the substance is on the$omprehensi)e 4n)ironmental 7esponse"$ompensation" and ?iability Act Section &!0alistE

D 4stimated +uantity of releaseE

D Time and duration of releaseE

D Medium or media into which the release occurredEand

D Fhether release threatens waterways 0reportingre+uirement of the $lean Fater Act contained in 5&$67 11;.!1 .

*n addition" the owner>operator of a facility is re+uired by 5& $67 ==.5& toimmediately: report releases that are likely to produce off-site exposure andexceed the threshold limit to all affected local emergency planning committeesand state emergency response commissions. This release report is to include:

D $hemical name0s or identity of all substances in)ol)ed in the accidentE

D 4stimate of +uantity of substances released to the en)ironmentE and

D Time and duration of release.

6or 4 $7A>$47$?A reporting purposes 'immediately( is interpreted as 'not to e3ceed 1=minutes after the person in charge has #nowledge of the release.( This interpretation isdocumented in A ?egislati)e 2istory of the Superfund Amendments and 7eauthori ation Act of1%98" Vol. !" ,ct. 1%%&.

C"AP#E $ %"A# LA%S APPL& #O A' OPE A#(') E#"A'OL PLA'#* $ + <


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The facility owner or operator is alsore+uired to pro)ide a written follow-up emergency notice as soon as

possible 0and within se)en calendardays to their affected localemergency planning committee andstate emergency responsecommission after a release thatre+uires notification.

The written follow-up notice shouldinclude the following:

D An update of all pre)iously pro)ided informationE

D Actions ta#en to respond to the releaseE

D


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Ot!er Rep"rting Re'(irement

Section 11 of the 4mergency lanning $ommunity 7ight to or produced.

Rep"rting Ha8ar "( C!emical St"rage 9 Tier II Rep"rting

$hemical storage notification re+uirements under Section 1! of the 4mergencylanning $ommunity 7ight to


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ractically all ethanol production facilities need to file a Tier ** report. A list ofe3tremely ha ardous chemicals and their threshold planning +uantities can befound at 5& $67 art ==. There is no formal list of ha ardous chemicals" but agood rule of thumb is any chemical that has an ,S2A Material Safety Gata Sheet0MSGS could be reportable if storage e3ceeds 1&"&&& pounds. A few e3amples ofchemicals that an ethanol production facility may be re+uired to file a Tier ** formare listed in the table" below.

C!emical St"rage #Tier II$ at +, C-R Part 0:: ; 0


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4thanol producers must #eep trac# of the chemicals manufactured or usedthroughout the year" e)en if they are contained in a chemical mi3 such as gasolineor natural gas condensate. *nformation for determining the amounts of eachha ardous chemical contained within a mi3ture can be found in the T7* reportingforms and instructions a)ailable at the following 4 A Feb address:www.epa.go)>tri> .

*f a facility meets all of the following criteria" then it must submit a T7* 6orm A or6orm 7 report to 4 A by Huly 1 for to3ic chemical releases which occurred duringthe preceding calendar year:

The facility has 1& or morefull time employeesE and

The facility is in Standard*ndustrial $lassificationmajor group codes or orthAmerican *ndustry$lassification Systemsubsector and industrycodes. Applicableclassifications and codes arelisted in 5& $67 ;!.!!./pdated code designationscan be found in ;1 67 1&90Hune 8" !&&8 .

The facility manufactures0including importing "

processes" or otherwise usesany 4mergency lanningand $ommunity 7ight to


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2.0 Clean Water Act

Fater is re+uired at ethanol facilities for processing and for the production ofsteam that is typically used in biomass pretreatment and ethanol distillation

processes. An ethanol plant s wastewater is typically comprised of cooling tower blowdown" boiler blowdown" and water softener discharge.

*n addition" stormwater runoff from the facility may be contaminated from precipitation 0rain or snow coming in contact with plant operations and re+uiresade+uate control and management.

Wa te6ater >i c!arge Permit

Fastewater from an ethanol plant can be disposed of in )arious ways. The methodof disposal determines what #ind of permit is needed and what permitting authoritywill issue it. *n general" there are three alternati)es for the disposal of wastewater:

Girect discharge to a recei)ing stream"

Gischarge to a municipal wastewater treatment system" and

?and application.

Permit "r >i p" al >irectl4 t" a Water @" 4

Any discharge directly into a water body0e.g. stream" ri)er" la#e" etc. or bycon)eyance 0i.e." pipe" cul)ert to a water

body" must be permitted prior todischarge. *n 7egion ;" these permits areissued by the state in which the ethanolfacility will be located under the

ational ollutant Gischarge 4liminationSystem 0 G4S " the federal water

pollution control program created by the$lean Fater Act.

An G4S permit regulates the amount of pollutants that can be discharged. The permit writer will establish limits in that permit that protect the water +uality of therecei)ing water body. *n addition to numeric effluent limitations" G4S permitswill include monitoring" reporting" and record#eeping re+uirements. ermits arere+uired whether or not on-site treatment occurs.

C"AP#E $ %"A# LA%S APPL& #O A' OPE A#(') E#"A'OL PLA'#*$ + ,,

4 A 7egion ; hoto


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To recei)e an G4S permit" a written application must be made with therespective state agency 0! days prior to commencing discharge . Theapplication will consist of multiple forms co)ering different aspects of thedischarge. *n general" the application forms will include:

Ieneral *nformation"

43isting *ndustrial Fastewater"

ew Source and ew Gischarger *ndustrial Fastewater"

on- rocess Fastewater only" and

Stormwater Gischarges Associated with *ndustrial Acti)ity.

6or further information" refer to the state contact information in Appendi3 A under$FA ational ollutant Gischarge 4limination System 0 G4S ermits.

Permit t" >i c!arge t" a *(nicipal Wa te6ater Treatment Plant

Most of the larger cities in 7egion ; implement an 4 A or state-appro)ed pretreatment program to pre)ent wastewater discharges from ha)ing a deleteriousaffect on their treatment plant" collection system" and the water body into whichthey discharge.


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In ( trial St"rm6ater Permit

*ndustrial acti)ity by its )ery nature can create pollution problems if not controlled.Therefore" industrial facilities must obtain stormwater permits during plantoperation in addition to construction permits described in Section 1. .

4 A s G4S regulationsre+uire that a stormwater

permit be obtained fordischarges to waters of the/nited States from certainindustrial acti)ities includingethanol manufacturing.These stormwater dischargesmay be co)ered under the

G4S permit issued for

controlling process and other plant discharges" or it may be co)ered by a separatestormwater-only G4S permit. Stormwater-only discharges are typicallyco)ered under a general permit issued by the state en)ironmental department.

Similar to the stormwater construction permit" industrial stormwater general permits re+uire submission of a simplified application 0e.g." a otice of *ntent or ,* and de)elopment and implementation of a plan" often called a stormwater pollution pre)ention plan" to control discharges of pollutants from the facilityduring operation. *n some instances" these general permits may include numericeffluent limitations and monitoring and reporting re+uirements. Stormwatercontrols are needed for areas of the facility e3posed to precipitation such as

industrial plant yards" material and waste handling" storage areas" shipping andrecei)ing areas" and areas of the site where past materials>residuals still e3ist.

ermit application due dates )ary by state in ad)ance of commencement ofdischarge from these industrial acti)ities. *ndi)idual stormwater applications aredue at least 19& days prior to commencement of a stormwater discharges associatedwith industrial acti)ity. The state and 4 A 7egional contacts for industrial stormwater permitting are listed in Appendi3 A under $FA Stormwater.

C"AP#E $ %"A# LA%S APPL& #O A' OPE A#(') E#"A'OL PLA'#* $ + ,9


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Spill Pre&enti"n C"ntr"l an C"(ntermea (re Reg(lati"n

The purpose of the Spill re)ention" $ontrol and $ountermeasure regulation is to pre)ent discharges of oil into navigable waters or ad"oining shorelines . Theregulation can be found at 5& $67 11! and is implemented by the 4 A.

An ethanol facility is subject to thisregulation if:

1 *t is non-transportationrelatedE

! *t has a total abo)e-ground oilstorage capacity greater than1" !& gallons or a completely

buried oil storage capacitygreater than 5!"&&& gallonsEand

There is a reasonablee3pectation of an oil dischargeinto or upon na)igable watersof the /nited States oradjoining shorelines.

=hen calculating oil storage capacity, the facility is required to include :

Storage capacity for oil of any #ind in any form as defined in 5& $67 11!.!.This includes oils such as gasoline and natural gasoline" which are often storedon-site and used to denature ethanol" and ethanol that has been denatured withoil.

,il storage and other oil-filled e+uipment" such as oil-filled transformers.

C"AP#E $ %"A# LA%S APPL& #O A' OPE A#(') E#"A'OL PLA'#* $ + ,1


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=hen calculating oil storage capacity, the facility should not include

$ontainers with a capacity of less than == gallonsE

$ompletely buried tan#s that are subject to all the technical re+uirements of the/nderground Storage Tan# 7egulation 05& $67 !9& " or technicalre+uirements of a state underground storage tan# program appro)ed under5& $67 !91E

$ontainers that are permanently closed as defined in 5& $67 11!.!E or

arts of the facility used e3clusi)ely for wastewater treatment and not used tosatisfy any re+uirements of 5& $67 11!.

A 'reasonable e3pectation( that the facility could discharge oil into or uponna)igable waters is based upon the location of the ethanol plant. The plant slocation relati)e to streams" ponds"ditches" storm or sanitary sewers"wetlands" mud flats" sand flats" orna)igable waters should be considered.The distance to na)igable waters" )olumeof materials stored" worst-case weatherconditions" drainage patterns" landcontours" soil conditions" etc." must beta#en into account. Man-made featuressuch as di#es" e+uipment or otherstructures which may ser)e to restrain"

hoto $ourtesy of $oast Iuardhinder" contain" or pre)ent an oildischarge may ,T be considered in the'reasonable e3pectation( determination B5& $67 11!.10d 01 0i .C

6acilities that are subject to the oil spill pre)ention regulation must prepare andimplement a spill pre)ention plan. The owner or operator of a facility e3isting onor before Aug. 18" !&&!" must maintain and implement the current plan and amendand implement a plan re)ised to meet the !&&! rule amendments on or beforeHuly 1" !&&%. The owner or operator of a facility that became operational afterAug. 18" !&&! must prepare and implement a plan on or before Huly 1" !&&% or

before beginning operations" whiche)er is later.

A facility that transfers oil o)er water to or from )essels and has a total oil storagecapacity of 5!"&&& gallons or more" and a facility that has a total storage capacityof 1 million gallons or more" might be subject to the 6acility 7esponse lanre+uirements in 5& $67 11!" Subpart G. 6or additional information about 6acility7esponse lans" see Appendi3 6" 'Go * need a facility 7esponse lanK(

C"AP#E $ %"A# LA%S APPL& #O A' OPE A#(') E#"A'OL PLA'#*$ + ,


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Rep"rting Oil >i c!arge

,il discharges must be immediately reported to the ational 7esponse $enter ifthey are in a +uantity that 'may be harmful( according to the $lean Fater ActSection 110b 05 and 5& $67 11&.8.

An "il i c!arge m( t e rep"rte t" t!e Nati"nal Re p"n e Center i itB

)iolates applicable water +uality standards"

causes a film or sheen upon or discoloration of the surface of the water oradjoining shoreline" or

causes a sludge or emulsion to be deposited beneath the surface of the wateror upon adjoining shoreline.

C"AP#E $ %"A# LA%S APPL& #O A' OPE A#(') E#"A'OL PLA'#* $ + ,!


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2.+ Sa e >rin)ing Water Act

T!e P( lic Water S4 tem S(per&i i"n Pr"gram

*f your facility uses its own water supply source to pro)idedrin#ing water to != or more people per day for at least 8&days of the year" then you are co)ered by the ublic FaterSystem Super)ision rogram and you must obtain permits forthe construction>modification and operation of the watersupply system. 4)en if you only use your own water sourcefor supplying cooling or industrial processing water" there arese)eral state-issued water-supply related permits that might

be re+uired. These include:

=ater >se &ermit - Fithdrawing or using water from a surface orunderground source typically re+uires a water use permit" depending on the)olume of water that will be used daily. Any increase in water withdrawal>usecould re+uire a modification to an e3isting water use permit.

=ell


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e3isting water supply as the source of cooling or industrial processing water" youshould chec# with the system operator to ma#e sure the system can pro)ide asufficient +uantity of water for your needs. This is important for industries such asethanol plants" which need large +uantities of water for manufacturing or

processing.

T!e n ergr"(n InDecti"n C"ntr"l Pr"gram

The /nderground *njection $ontrol program regulates wells that are used by cities"agriculture" business and industry to inject fluids underground for disposal"hydrocarbon production and storage" or mineral reco)ery. The program defines aninjection well as any bored" drilled or dri)en shaft or dug hole" where the depth isgreater than the largest surface dimension and is used to discharge fluidsunderground or a subsurface fluid distribution system. This definition co)ers awide )ariety of injection practices that range from technically sophisticated and

highly monitored wells that pump fluids into isolated formations up to two miles below the 4arthNs surface to the far more numerous on-site drainage systems" suchas septic systems" cesspools" and storm water wells which discharge fluids a fewfeet underground. The program re+uirements are designed to ensure that injectedfluids stay within the wells and the intended injection ones and do not endangerunderground drin#ing water sources. o injection is authori ed without appro)alfrom the appropriate regulatory authority.

*njection practices not regulated by the underground injection program includeindi)idual residential waste disposal systems that inject , ? sanitary waste andcommercial waste disposal systems that ser)e fewer than !& persons that inject

, ? sanitary waste.

An ethanol plant is subject to the re+uirements of the underground injection program if:

it is disposing of storm water" cooling water" industrial or other fluids intothe subsurface )ia an injection wellE or

it has an on-site sanitary waste disposal system 0eg. septic system thatser)es or has the capacity to ser)e !& or more peopleE or

it has an on-site sanitary waste disposal system that is recei)ing other than asolely sanitary waste stream regardless of its capacityE or

it is undergoing a remediation process where fluids are being introducedinto the subsurface )ia an injection well to facilitate or enhance the cleanup.

C"AP#E $ %"A# LA%S APPL& #O A' OPE A#(') E#"A'OL PLA'#*$ + ,>


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6acilities that discharge fluids to streams" ponds" lagoons" or treatment facilities arenot subject to the pro)isions of the underground injection program but could beregulated by the $lean Fater Act.

*t is important that facilities planning on using a new injection well or modifyingan e3isting one chec# with the state en)ironmental" health or natural resourcesoffice listed in the underground injection section of Appendi3 A to ma#e sure thatall of the necessary permits or appro)als are in place before proceeding.

2.: Re "(rce C"n er&ati"n an Rec"&er4 Act % Ha8ar "(Wa te

All ethanol plants will probably generate some +uantities of ha ardous waste.2owe)er" the ha ardous waste being generated might not be directly related to the

production of ethanol. 2a ardous waste generation at ethanol plants is mostlyassociated with other plant operations that might result in waste streams such asgasoline" spent sol)ents" lab pac#s" )arious paint wastes" used oil" waste ethanol0G&&1 " waste lamps" and batteries. There are usually no ha ardous waste

permitting re+uirements for ethanol plants that generate ha ardous waste.

There are" howe)er" re+uirements forha ardous waste generators to properlynotify and obtain an identification numberfrom 4 A or the applicable stateen)ironmental agency if the plantgenerates ha ardous wastes in +uantitiesgreater than 1&& #g in any month.2a ardous wastes must be properlymanaged according to 5& $67 art !8!until disposed at a permitted treatment"storage" or disposal facility. *f yourethanol plant will ha)e ha ardous wastetransported to a treatment" storage" ordisposal facility" your facility must use aha ardous waste manifest with an 4 Aidentification number .

2a ardous waste management re+uirements )ary according to the amount ofha ardous waste a plant generates in a gi)en month. *t is important that ethanol

plants properly characteri e" manage" and trac# each of their ha ardous wastestreams from the point of generation to the ultimate treatment" storage or disposal

C"AP#E $ %"A# LA%S APPL& #O A' OPE A#(') E#"A'OL PLA'#*$ + $


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of the ha ardous waste. An e3cellent document that pro)ides more detailedinformation about this topic is 'Managing our 2a ardous Faste L A Iuide forSmall Ousinesses.( 6acilities can find this document on the *nternet atwww.epa.go) by searching for its title or publication number '4 A= &-


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APPENDIX A SUMMARY OF LAWS PERTAINING TO ETHANOLPRODUCTION AND CONTACTS

This appendix includes a list of contact and resource information for Region 7. Contact

information for locations outside of Region 7 may be found at www.envcap.org/statetools/or by contacting the EP Region where the facility is located.

Clean Air Act

!or additional information about the Clean ir ct "C #$ please contact%

LawCitin Re !lati"n De#cri$ti"n C"ntact#

C &' C!R ().)* ir Permits

Iowa 0epartment of ,atural Resources%1 0ave Phelps "(*( # )2*12*231 4eb site% www.iowacleanair.com

Kansas 0epartment of 5ealth 6 Environment%1 ohn Ramsey "72( # )3+1*33)1 4eb site% www.8dhe8s.gov/bar/

Missouri 0epartment of ,atural Resources%1 9yra oore "(7 # 7(*1&2*71 4eb site% www.dnr.mo.gov/env/apcp/

Nebraska 0epartment of Environmental :uality%1 Clar8 -mith "&') # &7*1&)'&$ or elissa Ellis "&') # &7*1++)&1 4eb site% www.de;.state.ne.us

1 Toll !ree ,0E: Construction Permit 5otline is *1"277# 2 &1'&7&

C &' C!R Part +' ,ew -ourcePerformance

-tandards

C &' C!R Part +

aximum

chievableControlTechnology

C &'C!R Part +*-ubpart sbestos

EP Region 7"3* # ((*17

whipple.randall =epa.gov

C**)"r# &' C!R Part +2

Ris8 anagementProgram

EPA 5otline%"2''# &)&13 &+ or"7' # &*)132*' or

"2''# (( 17+7) "T00#http%//yosemite.epa.gov/oswer/ceppoweb.nsf/content/index.html

EP Region 7% >eorge 5ess$ "3* # ((*17(&'$hess.george=epa.gov

APPE"#$% A SU&&A ' O( LA)S PE *A$"$"+ *O E*,A"OLP O#UC*$O" A"# ),O *O CO"*AC*

A- of -
http://www.iowacleanair.com/http://www.kdheks.gov/bar/index.htmlhttp://www.dnr.mo.gov/env/apcp/index.htmlhttp://www.dnr.mo.gov/env/apcp/index.htmlhttp://www.deq.state.ne.us/http://www.deq.state.ne.us/mailto:[email protected]:[email protected]://yosemite.epa.gov/oswer/ceppoweb.nsf/content/index.htmlhttp://yosemite.epa.gov/oswer/ceppoweb.nsf/content/index.htmlmailto:[email protected]:[email protected]://yosemite.epa.gov/oswer/ceppoweb.nsf/content/index.htmlhttp://www.kdheks.gov/bar/index.htmlhttp://www.dnr.mo.gov/env/apcp/index.htmlhttp://www.deq.state.ne.us/mailto:[email protected]://www.iowacleanair.com/


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Nati"nal En%ir"n&ental P"lic' Act

!or additional information about the ,ational Environmental Policy ct$ please contact%

oe Cothern ,EP team leader Environmental -ervices 0ivision Environmental Protection gency Region 7 "3* # ((*17*&2cothern.?oe=epa.gov

Clean Water Act (CWA)

C)A "ational Pollutant #ischarge Elimination System /"P#ES0 Permits

A enc' C"ntact We* A++re##

Iowa 0epartment of ,atural Resources

ngela Chen"(*( # )2*1&7 +

angela.chen=dnr.state.ia.us www.iowadnr.gov/water/npdes/index.html

Kansas 0epartment of5ealth and Environment

0on Carlson"72( # )3+1((&7

dcarlson=8dhe.state.8s.us www.8dhe8s.gov/indust/

Missouri 0epartmentof ,atural Resources

Rob orrison"(7 # ()+1'33*

rob.morrison=dnr.mo.govwww.dnr.mo.gov/env/wpp/permits/index.html

Nebraska 0epartmentof Environmental :uality

0onna >arden"&') # &7*1* +7

donna.garden=nde;.state.ne.uswww.de;.state.ne.us

EPA

Pradip 0alal"3* # ((*17&(&

dalal.pradip=epa.gov http%//cfpub.epa.gov/npdes/home.cfm@

programAidB&(

APPE"#$% A SU&&A ' O( LA)S PE *A$"$"+ *O E*,A"OLP O#UC*$O" A"# ),O *O CO"*AC*

A of -
mailto:[email protected]:[email protected]:[email protected]://www.deq.state.ne.us/mailto:[email protected]://cfpub.epa.gov/npdes/home.cfm?program_id=45http://cfpub.epa.gov/npdes/home.cfm?program_id=45mailto:[email protected]:[email protected]:[email protected]:[email protected]://www.deq.state.ne.us/mailto:[email protected]://cfpub.epa.gov/npdes/home.cfm?program_id=45http://cfpub.epa.gov/npdes/home.cfm?program_id=45


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C)A Pretreatment Program

A enc' Pretreat&ent C""r+inat"r We* A++re##

Iowa 0epartment of ,atural Resources

Tom t8inson"(*(# )2*1('(&

tom.at8inson=dnr.state.ia.us

www.iowadnr.gov/water/pretreatment/index.

html

Kansas 0epartmentof 5ealth andEnvironment

-teve Caspers "72(# )3+1(((*

scaspers=8dhe.state.8s.us www.8dhe8s.gov/indust

Missouri0epartment of ,atural

Resources

Richard arden"&')# &7*1* +7donna.garden=nde;.state.ne.us

www.de;.state.ne.us

EPAPaul arshall"3* # ((*17&*3

marshall.paul=epa.gov

http%//cfpub.epa.gov/npdes/ho

ethanol plants manual

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