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III.E.3 Other Operations That May Be Regulated

There are many operations at POTWs that may be regulated under U.S. environmental laws and regulations, such as wetlands, storage tanks, and pesticide use.

· Wetlands: The construction of POTWs has the potential to impact aquatic resources, particularly wetlands. POTW activities relating to wetlands may be regulated by the U.S. Army Corps of Engineers and EPA under Section 404 of the CWA and Section 10 of the Rivers and Harbors Act.

· Storage tanks: POTWs may have USTs to store petroleum products (such as gasoline, diesel, and used motor oil) or other substances. USTs are regulated under Subtitle I of RCRA. As the owner, POTWs are responsible for the safe operation and maintenance of the tanks. POTWs may also have ASTs for the storage of substances (e.g., chlorine). Currently, there are no comprehensive federal requirements governing ASTs that are applicable to all products stored in these tanks. ASTs that contain petroleum products are regulated under the SPCC provisions of the CWA. AST construction and design requirements for AST systems are typically governed by state and local fire marshals who enforce a variety of National Fire Protection Association regulations and codes.

· Pesticide use: Pesticides, particularly herbicides, may be used onsite by POTWs to control weed growth and maintain the plant site. Activities related to pesticide use and storage may be regulated under the provisions of FIFRA, EPCRA, or Section 112(r) of the CAA. See Section III.B. for more information on pesticide management.

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