Notification for Recovered Materials Processing Facilities

Who Is Required to Submit a Notification?

Recovered Materials Processing Facility Notification, CN-1605

TCA 68-211-802 states that a Recovered Materials Processing Facility (RMPF) is a facility engaged solely in the storage, processing and resale or reuse of recovered materials.  Recovered materials are defined as those materials which have been diverted or removed from the solid waste stream for sale, use, reuse or recycling, whether or not requiring subsequent separation processing.  Such material is not a solid waste, thus recovered material processing facilities are not solid waste processing facilities and therefore are not subject to Permit-by-Rule criteria.

What Information Must I Provide?

New regulations adopted December 30th, 2019 states that RMPFs are exempt from permitting provided that the owner or operator notifies TDEC on forms provided by the Department the following information:

• The facility name, owner, operator, mailing and location address;
• The type(s) of material to be received;
• The maximum storage capacity at the facility for the storage of each material 
• A general description of the recovered materials processing operation; and
• Any information requested by the Commissioner to determine the amount of financial assurance needed, if any.

In addition, the owner or operator must manage the recovered material(s) and/or product(s) produced as a valuable commodity(ies) while it is under the owner or operator’s control and minimizes:

• The propagation, harborage, or attraction of flies, rodents, or other disease vectors;
• The potential for explosions or uncontrolled fires;
• The potential for releases of recovered materials or process residues to the environment except in a manner authorized by state and local air pollution control, water pollution control, and/or waste management agencies; and 
• The potential for harm to the public through unauthorized or uncontrolled access;

What about Financial Assurance?

Per Rule 0400-11-01-.02(1)(b)3(VI) the owner or operator must demonstrate, to the satisfaction of the Commissioner, that there is a viable market for the sale of, or a use or reuse of, the recovered material.  Financial assurance will be required for a RMPF if the value of the recovered materials is less than the cost for an independent third party to remove for proper management, all of the recovered materials to be stored or processed based on the maximum extent of the facility operation.  The financial assurance requirements must take into consideration the amounts and types of recyclable materials recycled at the facility, and the potential closure and post-closure costs associated with the recycling facility; such assurance may consist of posting of a surety bond in an amount sufficient to meet these requirements or other financial instrument, but in no case less than ten thousand dollars.

Who is exempt from Financial Assurance?

Financial assurance will not be required if the RMPF is government-owned or if the value of the recovered materials is more than the cost for an independent third party to remove for proper management all of the recovered materials to be stored or processed assuming the maximum extent of facility operation. 

Facilities that only collect, recover, process, or otherwise recycle scrap metal, processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal do not have to post financial assurance.  Facilities that only process traditional household post-consumer recyclables either from curbside collection or source-separated drop-off locations also do not have post financial assurance.  

Are any Types of RMPFs Exempt from Notification Requirements?

Any facility that receives recovered materials either directly or through a middle processor as a declared commodity for use in an onsite manufacturing process is not defined as a recovered material processor and do does not need to submit a notification or post financial assurance.  This applies only to those facilities that create finished manufactured products, such as packaging manufactures; and not simply grinding and separating of material such as crumb rubber manufacturers.  

How Will My Application Be Evaluated And Processed?

To receive the Permit-by-Rule exemption, after the items have been reviewed and approved by the Environmental Field Office (EFO), the application is sent to the Division of Solid Waste Management's central office. The notification is normally is processed in about 60 days.

The Permit-by-Rule authorization is valid as long as the maintenance fees are paid or until a significant modification is made that will require a new application.

What Fees Are Required?

No fees are required

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