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Displaying 1 - 15 of 22 results
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What is the definition of “overburdened community” that is relevant for EPA Actions and Promising Practices?
EPA Actions and Promising Practices apply the description of overburdened communities articulated in EPA’s Plan EJ 2014. The term is used to describe the minority, low‐income, tribal and indigenous populations or communities in the United States that potentially experience disproportionate environmental harms and risks due to exposures or cumulative impacts…
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Are permit applicants required to adopt the Promising Practices?
EPA is not requiring permit applicants to adopt the Promising Practices. Promising Practices are simply that: good ideas in the form of suggestions to permit applicants. Permit applicants may benefit from applying these Promising Practices. EPA hopes that when permit applicants practice early and meaningful dialogue with the community, they…
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EPA Actions does not require EPA regional offices to prioritize the same types of permits and adopt the same outreach activities. Why doesn’t EPA require regional offices to always prioritize certain permits and always do certain outreach activities?
EPA Actions strikes an important balance between national consistency and regional flexibility. The Agency‐wide guidelines establish national consistency by providing EPA’s expectations for the regional implementation plans. At the same time, EPA recognizes that the regional offices need the flexibility to take actions suited to the types of permits and…
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Does EPA Actions apply to permits that are jointly issued by EPA and a state, tribal, or local permitting authority with partially delegated permitting authority?
EPA regional offices will decide whether a permit that EPA jointly issues with a state, tribal, or local permitting authority should be considered for prioritization for enhanced outreach as described in EPA Actions on a case‐by‐case basis. EPA will take into account its role and authority in issuing the specific…
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Why doesn’t EPA do enhanced outreach for every permit?
Robust public outreach and engagement can consume a substantial amount of resources from all stakeholders in a permitting process and would not be warranted for every permit action. EPA recognizes that its regional offices cannot enhance engagement for every EPA‐issued permit and that overburdened communities might be overwhelmed with process…
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How will an EPA regional office determine whether a permitted activity may have significant public health or environmental impacts?
Permit applications provide information on the proposed project consistent with the requirements of particular statutes and regulations. EPA may also do its own assessment of the environmental and public health impacts of a proposed project, using modeling and monitoring data for example. Such information would inform an EPA regional office’s…
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How will EPA Actions apply to EPA‐permitted activities that may impact multiple EPA regions?
A permitted activity could potentially impact an area that straddles two or more EPA regions. The EPA region where the permitted activity is located usually has the lead for issuing the permit. EPA regions with the lead for issuing the permit routinely engage other regions impacted by the permitted activity…
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When will construction begin in the Silver-Bow Creek Corridor?
Construction in the Silver Bow Creek corridor began in 2024 with the Grove Gulch Project.
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What changes did EPA finalize to the SPCC Rule in December 2006?
The revised rule modifies requirements for facilities with smaller oil storage capacity and specific types of oil-filled operating equipment. If a facility has 10,000 gallons or less in aggregate aboveground oil storage capacity and the facility meets the oil discharge history criteria, then an owner/operator of a facility may prepare…
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SPCC change in ownership
If there is a change in ownership at a facility, can the facility operate under the same SPCC Plan without the certification from a professional engineer (PE)? If no change in procedures has been made, it may still be feasible to operate under the existing SPCC Plan. The information in…
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Liability of oil retailers at SPCC regulated farm
If a farm is out of compliance of Spill Prevention, Control, and Countermeasure (SPCC) regulations and is checked by EPA and/or has a spill, is the retailer that filled the tank liable? No, EPA considers the oil tank owner responsible for lack of compliance.
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PE certifying a technical amendment
Except as provided in 40 CFR §112.6 for qualified facilities, a Professional Engineer (PE) must certify all technical amendments to an existing SPCC Plan (§112.5(c)). When certifying a technical change to an existing SPCC Plan, does the PE have to inspect and certify the entire Plan or only the amended…
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If a permit is prioritized for enhanced outreach, does this mean that EPA will require stricter emission or discharge limits, or deny a permit?
An EPA regional’ office’s decisions on whether to issue a permit and, if so, the conditions to impose within a permit are distinct from the EPA regional office’s decisions about the outreach EPA may perform during the permitting process. EPA’s decisions on whether to issue a permit and what permit…
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How will waste from the Further Remedial Elements project (Silver Bow Creek Corridor) areas be handled?
Each Further Remedial Element project area has its own specific requirements regarding waste. For example, at Northside Tailings and Diggings East, all materials within the project area that exceed the Waste Identification Criteria will be disposed of offsite in a repository. At Buffalo Gulch all materials below the basin(s) that…
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Is a PE required to review an SPCC Plan if it has not changed?
Under the 2002 regulations, is a PE required to review the SPCC Plans at the end of a 5-year SPCC Plan cycle if no changes have occurred at the facilities? No. It is the responsibility of the owner or operator to document the completion of a review and decide whether…
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