|
In addition to EPA, there are three other federal agencies that have permitting requirements that can affect distributed generation installations.
U.S. Army Corps of Engineers (COE)
Section 10 Permit — Construction in Navigable Waters
The Army Corps of Engineers (COE), under the authority of Section 10 of the Rivers and Harbors Act of 1899, requires a permit for the construction of a structure and work under, in, or over any navigable waters of the United Sates. This permit applies to the construction of intake and discharge structures in such navigable waters and all ocean waters within a zone of three nautical miles from the coastline. It is expected that such structures may be required for a water supply intake and/or a wastewater discharge system. A Section 10 permit is also needed for offshore wind power installations or transmission lines in the water. See the home page for the Army Corps of Engineers for more information.
Section 404 — Dredging or Filling
Section 404 of the Clean Water Act prohibits the discharge of dredged or fill materials into waters of the United States without a federal permit from the COE. Waters of the United States are broadly defined by the Clean Water Act to include wetlands, all oceanic waters within a zone of three nautical miles from the coastline, as well as other water bodies and waterways. COE jurisdiction includes all fill placed in a wetland. Section 103 of the Marine Protection Research and Sanctuaries Act authorizes the Corps to regulate the transportation of dredged material for the purpose of disposal in the ocean.
Federal Aviation Administration (FAA)
FAA regulations require that a notification form be filed for all structures potentially considered being obstructions to aircraft. An FAA Notice of Proposed Construction is required for any proposed structure (such as a wind turbine tower) more than 200 feet above ground level. If a project is less than 20,000 feet from the nearest airport runway, more restrictive requirements apply. An FAA review results in a determination of whether or not the proposed structure would be a hazard to air navigation, although no permit is issued. The FAA also can require special markings or warning devices on a facility to ensure public aviation safety. This information can be found at the FAA Web site (PDF 14 KB). Download Acrobat Reader.
Federal Emergency Management Administration (FEMA)
FEMA has adopted regulations pursuant to the Flood Disaster Protection Act of 1973 that have resulted in identification of special flood hazard areas, those within the 100-year flood plain, as designated by FEMA. While FEMA does not conduct any specific preconstruction reviews for projects, those located in special flood hazard areas are subject to federal restrictions and requirements concerning loans and insurance. More information can be found on the FEMA Web site.
|
