Who Needs A Hazardous Waste Permit?
Any person owning or operating a new or existing facility that treats,
stores, or disposes of a hazardous waste must obtain a hazardous waste
permit from the Tennessee Division of Solid and Hazardous Waste Management.
The following hazardous waste processes are regulated and therefore require
a hazardous waste permit:
- Treatment Processes - tanks, surface impoundments, incinerators, boilers,
kilns, coke ovens, containment buildings, blast furnaces, other furnaces
and other treatment methods
- Disposal Processes - landfills, land application, surface impoundments
and other disposal methods
- Storage Processes - containers, tanks, waste piles, surface impoundments,
drip pads and other storage methods
- Miscellaneous Processes - open burning/open detonation units for propellants,
explosives, and pyrotechnics, geologic repositories, thermal units such
as microwave destruction, and other methods
Note that hazardous waste permits also are issued for research and development,
land treatment demonstrations and emergencies. Contact the Division of
Solid and Hazardous Waste Management for further information.
The following persons are not required to obtain a hazardous waste permit:
- persons covered by permits-by-rule (publicly-owned treatment works,
- RCRA exemptions (CESQG, farmers, etc.)
- persons who conduct treatment or containment activities during immediate
response to a discharge of a hazardous waste, an imminent and substantial
threat of a discharge of hazardous waste, or a discharge of a material
which, when discharged, becomes a hazardous waste.
What Information Must I Provide?
A hazardous waste permit has two parts: Part A and Part B. The following
information is requested on the Part
A Permit Application
(EPA Form 8700-23):
- EPA identification number, facility name, address, location, owner
and operator information
- The company's Standard Industrial Classification (SIC) code
- All existing environmental permits
- Process code, process description, design capacity, amounts and number
- Specification of the hazardous waste and quantity generated
- Facility map, drawing and photograph
For businesses with more than one facility, a Part A permit application
must be submitted for each site. Businesses can claim confidentiality
only at the time the application is submitted.
There is no application form for Part B, but checklists are provided
to the applicant upon request. The Part B permit application can be extremely
complex and requires substantial documentation. The specific requirements
depend on the type of facility, but most facilities require, at a minimum,
- A general description of the facility, e.g., topographic map, description
of treatment/storage/disposal processes, seismic and flood plain considerations,
and traffic patterns
- A waste analysis plan that details the chemical and physical characteristics
of the wastes and residues
- A description of procedures to prevent hazards, e.g., security procedures
and equipment, inspection schedule; preparedness and prevention, general
hazard prevention, personnel training
- A contingency plan for emergency procedures
- A facility closure plan
- Closure costs and financial assurance documents
- Consideration for the protection of ground water and surface water
How Will My Application Be Evaluated And Processed?
Permit applications are evaluated by inspecting the facility and checking
its consistency with the Part B application to determine whether the performance
and design standards specified in the regulations have been met. In addition,
specific information pertaining to protecting ground water and air must
be submitted prior to receiving the permit.
The permit process may begin with submittal of the Part A application
by the applicant and then public notice of receipt by the Division. A
pre-application meeting is next public noticed and held by the applicant
to alert the general public. The Part B application is submitted, and
a completeness determination is made if there are no significant deficiencies.
The permit application continues to be processed until all deficiencies
are addressed. The receipt of the Part B application is also public noticed
by the Division.
A draft permit is prepared when all documents and approvals have been
received, and a public notice of intent is issued. Public response to
this notice may generate another public notice to hold a public hearing.
After review of the public comments, a final public notice with the permit
decision is issued. The entire permit process can take anywhere from 14
to 25 months, depending on the type of facility, community involvement,
public hearings, revisions and appeals.
The normal duration of the permit is not to exceed 10 years or the expected
operation or life of the facility, whichever is less.
What Fees Are Required?
Application Fees Fees are required for new and renewal
applications for storage, treatment, and disposal facilities including
facilities conducting corrective action and post-closure under permits,
orders, or other enforceable documents.
|Part A Application:
|Part B Application:
|For a unit not previously permitted under a hazardous waste operating
|For a unit previously operated under a hazardous waste operating
|For facilities implementing corrective action not already included
with a category above.
All fees are required prior to application review. Others fees are
required prior to review for research, demonstration, development and
emergency permits, temporary authorizations, permit modifications, and
some plans/assessments. The form for submittal is below:
|Hazardous Waste Treatment, Storage & Disposal Permit Application
Fee Determination ,
Annual Maintenance Fees - Storage and treatment fees include a base
fee plus a fee for the facility's constructed design capacity. The combined
fees vary as shown below:
||$1,000 to $9,000
||$2,000 to $18,000
||$8,000 to $11,000
||$14,000 to $20,000
|Combined Storage and Treatment Fee
Land disposal operations have an annual fee base plus
a fee based on remaining capacity except for permitted capacity
for injection wells.
||Base Fee $6,000
||Base Fee $12,000
||Rem. Cap. $500 acre/ft
||Rem. Cap. $1,000 acre/ft
|b. Land Application
||Rem. Cap. $500 acre
||Rem. Cap. $1,000 acre
|c. Injection Well
||Prmt'd Cap. $1.00 gpd
||Permt'd Cap. $1.00 gpd
|For facility or landfill site
| Post-Closure Activity
|For each remediation system conduction active remediation
| Corrective Action Activity
|Conducting confirmatory sampling activities
|Conducting RCRA facility investigation activities
|Conducting corrective measures activities
|Conducting interim measure activities
Hazardous waste tipping fees are paid by permitted treatment, storage,
or disposal facilities that receive hazardous wastes from off-site. The
fee based on amount received ranges from $1,000 to $25,000. Certain exemptions
Annual maintenance fees are required by March 1 of each year. Annual
maintenance fee forms for Treatment, Storage, & Disposal (TSD) facilities,
Generators, and Remedial Action are available at the following https://cleanairtn.org/environment/swm/forms.shtml
Others fees are required prior to review for research, demonstration,
development and emergency permits, temporary authorizations, permit modifications,
and some plans/assessments.
Annual Generator Fees
Remedial Action Fees - apply to generators of 1,200 kg or more
of hazardous waste during the previous calendar year and to persons
who have shipped 1,200 kg or more of hazardous waste off site for treatment
or disposal. Fees are due by March 1 each year. Commercial facilities
that treat or dispose of waste received from out-of-state generators
are subject to payment of off-site shipping fees, due by March 1 each
year. Fees are based on the total amount of hazardous waste generated
in the previous year.
Annual Generator Fee:
|Less than 1,200 kg
|1200 kg to 3,249 kg
|3,250 kg to 109,999 kg
$0.20 per kg
|110,000 kg or more
Off-site Shipment Fee (1,200 kg or more):
||$0.0154 per kg*
<1% TOC and <1% TSS
|$0.0077 per kg*
*Maximum fee $50,000
What Are My Rights And Responsibilities After The Permit Is Granted?
The applicant's rights and responsibilities are specified on the permit.
Both general and specific requirements, the entire Part B, and other
provisions and conditions as specified by the regulations are incorporated
in the permit. This includes changes to permits (e.g., modifications
and transfers), permit conditions and compliance standards.
What Are The Division's Rights And Responsibilities
After The Permit Is Granted?
The Division has the right to inspect a facility at a minimum of every
two years, terminate a permit or deny a renewal for noncompliance, and
establish permit conditions in order to achieve compliance with federal
laws. Penalties for non-compliance can range from civil administrative
orders to criminal penalties.
The Division has the responsibility to regulate the treatment, storage,
and disposal of hazardous wastes in order to protect public health and
the environment. The Division has the responsibility to submit quarterly
reports of hazardous waste activities to the EPA.
Whom Do I Contact For Applications, Assistance
And Other Sources Of Information?
Applications and assistance can be obtained by contacting the Division
of Solid Waste Management. New applicants who need more than one
permit can contact their regional Environmental
Coordinator for further assistance.
Applicants may refer to the following publications for further information:
What Environmental Permits Do I Need?
Prudent Site Checks
Permit Application Forms
Standard Operating Procedures
Division of Solid and Hazardous Waste
SHW Standard Operating Procedures
Hazardous Waste Management Regulations
Commercial Hazardous Waste Management Facilities