Environmental Permits Handbook

Hazardous Waste Permit

	Who Needs One?		What Information Must I Provide?
	How Will My Application be Processed?		What Fees are Required?
	What are My Responsibilities After the Permit is Issued?		What are the Division's Responsibilities After the Permit is Issued?

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, etc.)
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 of units
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, the following:

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: New Existing

Storage facility $2,000 $400

Treatment facility $2,000 $400

Disposal facility $2,000 $400

Part B Application: On-site Commercial

Storage facility $10,000 $25,000

Treatment facility $10,000 $25,000

Disposal facility $20,000 $40,000

Post-closure facility:

For a unit not previously permitted under a hazardous waste operating permit. $20,000

For a unit previously operated under a hazardous waste operating permit. $10,000

Corrective Action

For facilities implementing corrective action not already included with a category above. $10,000

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 of these non-annual application fees is available below:

Form Description Form

Hazardous Waste Treatment, Storage & Disposal Permit Application Fee Determination CN-1261

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:

On Site Off Site

Storage facility $1,000 to $9,000 $2,000 to $18,000

Treatment facility $8,000 to $11,000 $14,000 to $20,000

Combined Storage and Treatment Fee Max $12,500 Max $25,000

Land disposal operations have an annual fee base plus a fee based on remaining capacity except for permitted capacity for injection wells.

Disposal facility Base Fee $6,000 Base Fee $12,000

a. Landfill 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 Max $15,000 Max $50,000

Post-Closure Activity

Base Fee $3,000

For each remediation system conduction active remediation $1,000 each

Corrective Action Activity

Base Fee $5,000

Conducting confirmatory sampling activities $2,000

Conducting RCRA facility investigation activities $4,000

Conducting corrective measures activities $3,000

Conducting interim measure activities $2,000

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 apply.

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 http://www.state.tn.us/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
$0

1200 kg to 3,249 kg
$650

3,250 kg to 109,999 kg
$0.20 per kg

110,000 kg or more
$22,000

Off-site Shipment Fee (1,200 kg or more):

Non-wastewater hazardous waste $0.0154 per kg*

Hazardous wastewaters
<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: