Current through September 24, 2024
(1) Applicable facilities - Application
required
All treatment works treating domestic sewage that want to land
apply Class B biosolids are considered to be applicable facilities and shall
apply for a permit for the land application of Class B biosolids or submit a
notice of intent certification with regard to a general permit for the land
application Class B of biosolids.
(a)
Designation as a treatment works treating domestic sewage.
In addition to
facilities meeting the definition of a treatment works treating domestic sewage
in paragraph (8) of Rule 0400-40-15-.01, the Director may designate any person,
site, or facility that treats, uses, transports, stores, or applies biosolids,
as a treatment works treating domestic sewage, and require the owner or
operator to apply for a permit if any of the following conditions are
meet:
1. The Director determines that
a permit is necessary to protect human health or the environment from the
adverse effect of a contaminant in biosolids;
2. The Director determines that a permit is
necessary to protect human health or the environment from poor biosolids
management practices;
3. The
Director determines that a permit is necessary to ensure compliance with any of
the requirements in these rules; or
4. Bulk biosolids or sewage sludge
originating from a source or location outside the jurisdiction of the State of
Tennessee are being applied to the land or received at any site or
facility.
(b) It is a
violation of these rules for a facility to fail to submit a permit application
or notice of intent to the Division as required by these rules.
(2) General and individual permits
The Division will issue permits for the land application of
biosolids.
(a) The Division will
issue, modify, revoke and reissue, and terminate a general permit in accordance
with the provisions of paragraph (23) Appendix .06-E of this rule.
(b) The Division will accept and consider
notices of intent seeking coverage under a general permit and revoke or
terminate coverage under a general permit in accordance with the provisions of
this rule.
(c) The Division will
issue, modify, revoke and reissue, or terminate individual permits in
accordance with the provisions of this rule.
(3) Requirements to apply for coverage under
a general permit or to request an individual permit
(a) After the Division has issued a general
permit for the land application of biosolids, all applicable facilities shall
apply for coverage under the general permit in accordance with paragraph (4) of
this rule unless any of the following apply:
1. The facility has a current individual
permit issued in accordance with these rules;
2. The Division requires a facility to apply
for an individual permit;
3. On
written request of the applicant, the Division has granted permission to apply
for an individual permit;
(Note:
(i) A facility may request an individual
permit if a practice it proposes is not addressed in a general permit issued by
the Division.
(ii) A facility may
seek coverage under a general permit for any portion of its biosolids
management practices that are applicable under the general permit and may also
request an individual permit for any portion of its biosolids management
practices that are not applicable under the general permit.)
4. The Division may require any
facility applying for an individual permit in accordance with part 3 of this
subparagraph to limit its practices for the land application of biosolids to
those that are authorized in a general permit and to apply for coverage under a
general permit; or
5. The facility
produces EQ Biosolids and submits documentation in the form of an annual report
in accordance with 40 CFR Part 503.18 that the product is EQ Biosolids to the
State Biosolids Coordinator on or before February
19th of each calendar year.
(b) Facilities that apply to the Division for
coverage under a general permit through the submittal of a notice of intent
(NOI) will be self-centered for coverage and will not require a notice of
coverage (NOC) from the Division if they meet one of the following criteria:
1. The facility is a certified biosolids
management agency under that National Biosolids Partnership's Environmental
Management System, in which case the facility shall submit documentation of
certification to the State Biosolids Coordinator on or before January
15th of each calendar year; or
2. The facility land applies Class B
biosolids to their own property. To land apply Class B biosolids to a site(s)
not owned by the facility would require the facility to obtain an NOC from the
Division only for the site(s) not owned by the facility.
(4) Timing of permit applications
(a) Existing facilities seeking coverage
under the initial general permit.
Existing facilities seeking coverage
under a general permit shall submit a notice of intent for coverage within 60
days after issuance of the applicable general permit by the Division. However,
on a case-by-case basis the Division may grant an extension up to a maximum of
one year after issuance of the applicable general permit. Requests for an
extension shall be made in accordance with the following:
1. Requests shall be made in writing to the
State Biosolids Coordinator; and
2.
Requests shall be made within 60 days after issuance of the applicable general
permit.
(b) Existing
facilities requesting an individual permit.
Existing facilities that wish
to request an individual permit under part (3)(a)3 of this rule shall do so
within 60 days of issuance of the applicable general permit by the
Division.
(c) Facilities
required or approved to apply for an individual permit.
Facilities that
have been directed by the Director to apply for an individual permit in
accordance with part (3)(a)2 of this rule or approved to apply for an
individual permit requested in accordance with part (3)(a)3 of this rule shall
submit a permit application within 60 days of receiving notification.
(5) Timing of notices
of intent - continuing coverage
(a) All
facilities permitted in accordance with this rule shall submit a notice of
intent to continue coverage under a general permit or an application for a new
individual permit at least 180 days prior to the expiration date of their
applicable permit.
(b) When a
facility has submitted a timely and sufficient notice of intent or application
as required in this paragraph, coverage under an expiring permit remains in
effect and enforceable until any of the following occur:
1. The application or notice of intent has
been denied and time for any appeal has expired; or
2. A replacement individual or general permit
has been issued by the Division and time for any appeal has expired.
(c) Coverage under a permit for
permittees who fail to submit a timely and sufficient notice of intent or
application shall cease on the expiration date of the permit.
(6) Individual permit application
contents
All facilities shall submit a complete and factually correct
individual permit application in accordance with the schedule in paragraph (4)
of this rule on a form or in a format specified by the Division. The content
requirements are listed in paragraph (23) Appendix .06-A of this rule.
(7) Notice of intent contents
Facilities submitting a notice of intent to be covered under an
applicable general permit shall do so on a form provided by the Division in the
general permit.
(8) Land
application plans
(a) Exemptions for
exceptional quality biosolids. Land application plans are not required when
exceptional quality biosolids are applied to the land.
(b) Land application plans are required when
biosolids are applied to the land. Facilities that propose to apply
nonexceptional quality biosolids to the land shall do one or both of the
following:
1. Submit with their permit
application or notice of intent a site specific land application plan for each
site where biosolids will be applied during the life of the permit;
and/or
2. Submit with their permit
application or notice of intent a general land application plan, a letter dated
at least 60 days prior to applying biosolids, and a site specific land
application plan for each site where biosolids will be applied to the
land.
(c) Any site
specific land application plans shall be consistent with a facility's general
land application plan, if a general land application plan has been
submitted.
(d) Site specific land
application plan contents.
Each site specific land application plan shall
provide information necessary to determine if the site is appropriate for land
application of biosolids and a description of how the site will be managed. The
minimum content for site specific land application plans is listed in paragraph
(23) Appendix .06-C of this rule.
(e) General land application plan contents.
Applicants intending to apply nonexceptional quality biosolids to sites
for which a site specific land application plan is not submitted as a part of
the permit application shall submit for approval, as a part of their permit
application, a general land application plan. The minimum content for general
land application plans is listed in paragraph (23) Appendix .06-D of this
rule.
(f) As individual
sites are identified in accordance with the general land application plan in
subparagraph (e) of this paragraph, facilities that seek to apply
nonexceptional quality biosolids shall develop and submit site specific land
application plans in accordance with subparagraph (d) of this
paragraph.
(g) All land application
plans are subject to review and final approval by the State Biosolids
Coordinator. If a land application plan is found to be insufficient, the State
Biosolids Coordinator may either request additional information or may impose
additional requirements as a condition of approval in accordance with paragraph
(16) of this rule.
(9)
Submitting permit applications and notices of intent
Facilities shall
submit their permit application and notice of intent to the State Biosolids
Coordinator.
(10)
Signatories to permit applications and reports
(a) Applications. All permit applications
shall be signed as follows:
1. For a
municipality, state, federal, or other public agency.
By either a
principal executive officer or ranking elected official. For purposes of this
rule, a principal executive officer of a federal agency includes either of the
following:
(i) The chief executive
officer of the agency; or
(ii) A
senior executive officer having responsibility for the overall operations of a
principal geographic unit of the agency.
(b) Reports and other information.
All
reports and other information required by permits and other information
requested by the Division shall be signed by a person described in subparagraph
(a) of this paragraph or by a duly authorized representative of that person. A
person is a duly authorized representative only if the following conditions are
met:
1. The authorization is submitted
to the State Biosolids Coordinator in writing by a person described in
subparagraph (a) of this paragraph; and
2. The authorization specifies either an
individual or a position having responsibility for the overall operation of the
regulated facility or activity, such as the position of plant manager,
superintendent, position of equivalent responsibility, or an individual or
position having overall responsibility for environmental matters.
(c) Changes to authorization.
If an authorization in accordance with subparagraph (b) of this paragraph
is no longer accurate, a new authorization satisfying the requirements of
subparagraph (b) of this paragraph shall be submitted to the State Biosolids
Coordinator prior to or together with any reports or other information.
(d) Certification.
Any
person signing a document in accordance with subparagraph (a) or (b) of this
paragraph shall make the following certification, unless a different
certification is applicable in accordance with another related requirement of
these rules:
"I certify under penalty of law that this document
and all attachments were prepared under my direction or supervision in
accordance with a system designed to assure that qualified personnel properly
gather and evaluate the information submitted. Based on my inquiry of the
person or persons who manage the system, or those persons directly responsible
for gathering the information, the information submitted is, to the best of my
knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the
possibility of fine and imprisonment for knowing violations."
(12) Recordkeeping required for permit
application
Applicants shall keep records of all information used to
complete permit applications, and any supplemental information submitted, for a
period of five years, or longer if otherwise required by these rules, the
conditions of the applicable permit, or other state laws.
(13) Public notice and comment period
`Public notices and comment periods shall be in conformance with Rule
1200-04-05-.06 requirements.
(14) Compliance schedules
(a) A permit may specify a schedule leading
to compliance with the federal Clean Water Act and these rules. Any compliance
schedule in accordance with this paragraph shall require compliance as soon as
possible, but not later than any applicable statutory deadline under the CWA or
the Tennessee Water Quality Control Act.
(b) Interim dates. If a permit establishes a
compliance schedule that exceeds one year from the date of permit issuance, the
schedule shall set forth interim requirements and the dates for their
achievement. The time between interim dates shall not exceed six
months.
(c) Reporting. The permit
shall require that no later than 14 days after each interim date and the final
date of compliance, the permittee shall notify the Division in writing of its
compliance or noncompliance with the interim or final requirements.
(15) Fact sheet required for
individual permits
(a) The Division shall
prepare a fact sheet for every draft individual permit for biosolids
application.
1. The fact sheet shall briefly
set forth the principal facts and the significant factual, legal,
methodological, and policy questions considered in preparing the draft
permit.
2. The Division shall send
this fact sheet to the applicant and, on request, to any other
person.
(b) Fact sheet
content. The facts sheet shall include all of the following:
1. A brief description of the type of
facility or activity that is the subject of the draft permit;
2. Any calculations or other necessary
explanation of the derivation of conditions for biosolids application,
including a citation to the applicable standards for biosolids application and
reasons why they are applicable, or in the case of conditions developed on a
case-by-case basis to implement § 405(d)(4) of the CWA, an explanation of
and the basis for the conditions; and
3. For permits that include a general land
application plan, a brief description of how each of the required elements of
the land application plan is addressed in the permit.
(16) Additional or more stringent
requirements
(a) On a case-by-case basis, the
Division may impose requirements for the land application of biosolids that are
in addition to or more stringent than the requirements in these rules if the
Division finds that the additional or more stringent requirements are necessary
to protect public health or the environment from any adverse effect of a
contaminant in the biosolids or to ensure compliance with these rules.
Imposition of such requirements will be done through issuance of an individual
permit.
(b) In addition to other
considerations, failure of a generator, applier, or landowner to conform to any
applicable requirements of these rules may be cause to impose additional or
more stringent requirements through issuance of an individual permit.
(17) Prohibition
The
Division may not issue a permit when the Regional Administrator of EPA has
objected in writing in accordance with
40 CFR
123.44.
(18) Duration of permits
(a) Permits are issued for fixed terms up to,
but not exceeding, 5 years from the effective date of the permit. Final
coverage under a general permit may be issued for a period up to the remaining
term of issuance for the permit.
(b) The term of a permit may not be extended
by modification beyond 5 years.
(19) Transfer of permit coverage
(a) Except as provided in subparagraph (b) of
this paragraph, a permit may be transferred by the permittee to a new owner or
operator only if the permit has been modified or revoked and reissued, to
identify the new permittee and incorporate other requirements as may be
necessary to assure compliance with the requirements of these rules.
(b) Automatic transfer.
Coverage under
a permit is automatically transferred from the old permittee to a new permittee
on the date agreed to if all of the following conditions are met:
1. A written, signed agreement between the
old and new permittees containing a specific date for transfer of permit
responsibility, coverage, and liability is submitted to the Division;
and
2. The Division has not
notified both permittees of any objection to the transfer, or of the intent to
revoke the permit.
(c)
No condition or requirement of a permit or these rules may be waived by the
transfer of permit coverage from one party to another.
(20) Modification or revocation and
reissuance of permits
(a) When the Division
receives any information (for example, upon inspection of a facility, receipt
of information submitted by the permittee as required in the permit, receipt of
a request for modification or revocation and reissuance, or upon a review of
the permit file), the Division may determine whether or not one or more of the
causes listed in subparagraph (b) or (c) of this paragraph for modification, or
revocation and reissuance, or both, exist.
1.
If cause for modification, or revocation and reissuance, or both, exists, the
Division may modify or revoke and reissue a permit and may request an update
application, if necessary.
2. When
a permit is modified, only the conditions subject to modification are
reopened.
3. If a permit is revoked
and reissued, the entire permit is reopened and subject to revision, and the
permit may be reissued for a new term.
4. If cause does not exist in accordance with
this paragraph, the Division may not modify or revoke and reissue a
permit.
(b) Causes for
modification. The following are causes for modification, but not revocation and
reissuance of permits except when the permittee requests or agrees.
1. Alterations. There are material and
substantial alterations or additions to the permitted facility or activity that
occurred after permit issuance that justify the application of permit
conditions that are different from or absent in the existing permit.
2. Information. The Division has received new
information. A permit may be modified during its term for this cause only if
the information was not available at the time of permit issuance (other than
revised regulations, guidance, or test methods) and would have justified the
application of different permit conditions at the time of issuance.
3. New regulations. New regulations have been
adopted or the standards or regulations on which the permit was based have been
changed by adoption of amended standards or regulations or by judicial decision
after the permit was issued.
4.
Compliance schedules. The Division determines good cause exists for
modification of a compliance schedule, such as an act of God, flood, or
materials shortage or other events over which the permittee has little or no
control and for which there is no reasonable available remedy. However, in no
case may a compliance schedule be modified to extend beyond an applicable CWA
statutory deadline.
5. Land
application plans. When required by a permit condition to incorporate a general
land application plan for beneficial use of biosolids, to revise a general land
application plan, or to add a general land application plan.
(c) Causes for modification or
revocation and reissuance. The following are causes to modify or,
alternatively, revoke and reissue a permit:
1.
Cause exists for termination in accordance with paragraph (21) of this rule and
the Division determines that modification or revocation and reissuance is
appropriate; or
2. The Division has
received notification of a proposed transfer of the permit.
(21) Causes for
termination of permits, denying permit applications, or denying expansion of an
existing permit
The following are causes for terminating a permit during
its term, or for denying a permit application, or for denying an expansion of
an existing permit:
(a) Noncompliance
by the permittee with any condition of the permit;
(b) The permittee's failure in the
application or during the permit issuance process to disclose fully all
relevant facts, or the permittee's misrepresentation of any relevant facts at
any time;
(c) A determination that
the permitted activity endangers human health or the environment and can only
be regulated to acceptable levels by permit modification or termination;
and/or
(d) A change in any
condition that requires either a temporary or a permanent reduction or
elimination of any activity controlled by the permit.
Appendix
.06-A Minimum Content for a Permit Application
(1) The activities conducted by the applicant
that require it to obtain a permit.
(2) Name, mailing address, and location of
the facility for which the application is submitted.
(3) The operator's name, address, telephone
number, ownership status, and status as federal, state, private, public, or
other entity.
(4) Whether or not the
facility or any associated facilities or land applications sites are located on
federal lands.
(5) A map extending 1
mile (1.6 kilometers) beyond the property boundaries of the facility, showing
the location and means of access to the facility.
(6) Any biosolids monitoring data the
applicant has for the last 2 years.
(7) A description of the applicant's
biosolids application practices including, where applicable, the location of
any sites where the applicant transfers biosolids for treatment, as well as the
name of the applicator or other contractor who applies the biosolids to land if
different from the applicant.
(8)
Land application plans, as required by paragraph (8) of Rule
0400-40-15-.06.
(9) The amount of biosolids produced and the
amount of biosolids applied to the land during the previous year.
(10) Any information required to determine
the appropriate standards for permitting in accordance with these rules, and
any other information the Division may request and reasonably require to assess
biosolids application, to determine whether or not to issue a permit, or to
ascertain appropriate permit requirements in accordance with these
rules.
Appendix .06-B (Reserved)
Appendix .06-C
Minimum Content for a Site Specific Land Application Plan
(1) If biosolids containing contaminants in
excess of the values in Table 3 of part (3)(b)3 of Rule
0400-40-15-.02 have ever been
applied to the site, then provide the following:
(a) The date(s) when the biosolids were
applied;
(b) The amount of biosolids
applied;
(c) The concentration of
the contaminants in the biosolids; and
(d) The area(s) of the site to which the
biosolids were applied.
(2) A discussion of the types of crops grown
or expected to be grown, their intended end use (e.g., pasture grass for a feed
crop, corn as a feed crop), and the current distribution of crops on the
site.
(3) An explanation of how
agronomic rates will be determined during the life of the site, along with any
currently available calculations. Whenever agronomic rates or the method used
to determine agronomic rates change, an update of the agronomic rate
calculations shall be filed with the Division.
(4) Method(s) of application.
(5) Seasonal biosolids
applications.
(6) The name of the
county where biosolids will be applied.
(7) A description of how biosolids will be
stored at the site that also addresses related off-site storage.
(8) Map(s) for the site(s) shall be
submitted. Maps shall be of an appropriate scale to show the detail necessary
for evaluation of the proposed application areas and so that a person may
reasonably be able to locate the sites and any application units within a site
(for example, 1:7920 [8 inches to the mile] for detailed information with an
overview map at 1:63,360 [1 inch to the mile]). Minimally, maps shall provide
the following information:
(a) A
legend;
(b) The location and means
of access;
(c) Specific areas of the
site where biosolids may be applied (If there is more than one site or more
than one application unit within a site, a site or unit ID number should be
included);
(d) The number of acres
in the site or in any distinct application unit within a site;
(e) Location and extent of any wetlands on
the site;
(f) A topographic relief
of the application site and surrounding area;
(g) Any seasonal surface water bodies located
on the site;
(h) Any perennial
surface water bodies located on the site;
(i) The location of any wells located on the
site that are listed in public records or otherwise known to the applicant,
whether for domestic, irrigation, or other purposes;
(j) Buffer zones to surface waters, wells,
and sink holes;
(k) The location and
size of any areas that will be used to store biosolids;
(l) A description of how access to the site
will be restricted (e.g., signs posted around the site or other approved method
of access restriction);
(m) A copy
of any landowner agreement; and
(n)
Any additional information requested by the State Biosolids Coordinator that is
needed to evaluate the appropriateness of the site for biosolids
application.
Appendix .06-D Minimum Content for a
General Land Application Plan
(1)
Describes the geographical area covered by the plan, including the names of all
counties where biosolids may be applied.
(2) Identifies site selection
criteria.
(3) Describes how sites
will be managed.
(4) Provides for
not less than 30 days advance notice to the State Biosolids Coordinator of new
or expanded land application sites to allow time for the State Biosolids
Coordinator to object prior to the biosolids application.
Appendix .06-E Procedures for Issuing General Permits
(1) General permit coverage
(a) The Division may issue general permits to
satisfy any or all of the biosolids management requirements in these rules or
other applicable state or federal biosolids management requirements.
(b) The Division may issue general permits to
cover categories or subcategories of facilities with appropriate geographic
areas.
(c) General permits may be
written to cover categories of treatment works treating domestic sewage that
meet all of the following requirements:
1.
Involve the same or substantially similar types of operations;
2. Engage in the same types of biosolids
application practices;
3. Require
the same or substantially similar operating conditions or standards for
biosolids application;
4. Require
the same or substantially similar monitoring; and
5. In the opinion of the Director, are more
appropriately controlled under a general permit than under individual
permits.
(2)
General permit preparation - preliminary determination
For all general
permits, the Director shall make a preliminary determination to develop a
general permit.
(a) Interested persons
may petition the Director requesting that a category of facilities be
considered for the development of a general permit.
(b) The Director shall respond to such a
petition within 90 days of receipt.
(3) Fact sheets
(a) The Director shall prepare a fact sheet
for every general permit determination. Such fact sheet shall summarize the
following:
1. The legal basis of the
permitting program;
2. The type of
facility or activity which is the subject of the general permit;
3. The geographical area for which the
general permit is valid;
4. The
criteria for which coverage under a general permit will be approved;
5. If available, a listing or some other
means of identifying the facilities proposed to be covered under the general
permit;
6. The information required
to be submitted as part of the application for coverage under the general
permit;
7. The general
characteristics of the facilities being authorized under the general
permit;
8. Standards and limitations
imposed in the general permit;
9. A
general description of the conditions in the general permit;
10. Any compliance schedules proposed as part
of the general permit;
(b)
The Division shall provide copies of general permit fact sheets to any
interested person upon request.
(5) Public notice
The Division shall
provide public notice of all preliminary determinations to develop a general
permit, all determinations not to develop a general permit after publishing
such a preliminary determination, all draft general permit determinations, and
the issuance of a final general permit. All public notices shall be circulated
in a manner designated to inform interested and potentially affected persons of
the proposed general permit.
(a) Public
notice for preliminary determinations. The Division shall provide public notice
of all preliminary determinations to develop a general permit as follows:
1. Public notice shall be circulated within
the geographical area of the proposed general permit. Such notice may include
any or all of the following:
(i) Publishing,
as a paid advertisement or legal notice, the Division's preliminary
determination in one or more major newspaper(s) throughout the area of proposed
coverage; and/or
(ii) Issuance of
news releases, focus sheets, or newsletters.
2. The Division shall request comments on
whether a general permit is appropriate for the proposed category of facilities
or whether individual permits are necessary.
3. The public notice shall provide an
opportunity for any interested or potentially affected party to submit
information on facilities proposed to be covered under a general permit
including:
(i) Any documented information on
the characteristics of the biosolids including quantity, quality, and any land
application sites. Information may be from an individual facility or be
representative of the category as a whole; and
(ii) Any other relevant
information.
4. The
Division shall add the name of any person, upon request, to a general permit
specific mailing list to receive information and notices related to the
development of the general permit.
(b) In the event that the Division determines
not to develop a general permit after publishing a preliminary determination in
accordance with subparagraph (a) of this paragraph, the Division shall provide
public notice to that effect.
(c)
Public notice for draft general permits. The Division shall provide public
notice of every draft general permit as follows:
1. The notice shall be circulated throughout
the geographical area covered by the general permit. Such circulation may
include any or all of the following:
(i)
Posting for a period of 30 days in post offices, public libraries, and public
places within the geographical area covered by the general permit.
(ii) Publishing the notice as a paid
advertisement, display advertisement, or legal notice, in one or more major
local newspapers of general circulation serving the area covered by the general
permit.
(iii) Issuance of news
releases, focus sheets, or newsletters.
2. Notice shall be mailed to any person upon
request, including all persons on the general permit specific mailing list
established in accordance with (a)4 of this paragraph and all known potential
permittees.
3. Reserved
4. Public comment period. The Division shall
provide a period of not less than 30 days following the last publication of the
public notice, during which time interested persons may submit their written
views on a draft general permit determination. All written comments submitted
during the comment period shall be retained by the Division and considered in
the formulation of its final determination with respect to the draft general
permit. The period for comment may be extended at the discretion of the
Division.
5. The Division shall make
available during the public comment period:
(i) The draft general permit;
(ii) The fact sheet on the draft general
permit required in accordance with paragraph (3) of this Appendix;
and
(iii) A copy of the proposed
application for coverage.
6. The contents of the draft general permit
public notice shall, at a minimum, summarize the following:
(i) The name, address, and phone number of
the agency issuing the public notice;
(ii) The type of facilities and activities
which are the subject of the general permit;
(iii) The geographical area for which the
general permit is valid;
(iv) The
criteria for which coverage under the general permit will be
approved;
(v) If available, a
listing or some other means of generally identifying the facilities proposed to
be covered under the general permit;
(vi) The tentative determination to issue a
general permit;
(vii) The procedures
for the formulation of final determinations, including the 30-day comment
period required by part (c)4 of this paragraph and any other means by which
interested persons may comment upon those determinations;
(viii) The date, time, and place when the
public hearing(s) required in paragraph (7) of this Appendix will be
held;
(ix) The address and phone
number of locations at which interested persons may obtain further information;
and
(x) The date and time after
which comments will not be considered by the Division in formulating the final
determination on the draft general permit.
(d) Public notice for final general permits.
The Division shall provide public notice of the issuance of a final
general permit as follows:
1. The
notice of general permit issuance shall be circulated in a manner similar to
that used to circulate the notice on the draft general permit in part (c)1 of
this paragraph.
2. The notice of
general permit issuance shall be provided to all persons on the general permit
specific mailing list established in accordance with part (a)4 of this
paragraph and all known potential permittees.
3. The public notice of the issuance of a
general permit shall contain:
(i) The name,
address, and phone number of the agency issuing the public notice;
(ii) The type of facilities and activities
which are the subject of the general permit;
(iii) The geographical area for which the
general permit is valid;
(iv) The
criteria for which coverage under a general permit will be approved;
(v) If available, a listing or some other
means of generally identifying the facilities proposed to be covered under the
general permit;
(vi) A summary of
the application process by which eligible facilities may obtain coverage under
the general permit;
(vii) An
explanation of any changes to the final general permit, other than editing
changes, and the principal reasons for adopting the changes;
(viii) A notice that the terms and conditions
of the general permit may be appealed and include the necessary instruction
regarding the appeal process; and
(ix) The date after which the general permit
will be effective. The effective date of a general permit shall be no sooner
than 30 days after the publication of the public notice in accordance with part
1 of this subparagraph.
(6) Notice to other government agencies
The Division shall notify other appropriate government agencies of each
draft general permit determination and shall provide such agencies an
opportunity to submit their written views and recommendations.
(7) Public hearings
(a) The Division shall hold one or more
public hearing(s) on all draft general permits. The public hearing shall be
held during the public comment period provided in accordance with part (5)(c)4
of this Appendix.
(b) The date,
time, and place will be at the discretion of the Division provided:
1. At least 30 days is provided between the
time the public notice is published in accordance with part (5)(c)1 of this
Appendix and the time the hearing is held; and
2. The hearing location is within the
geographical area covered by the general permit.
(c) The Division shall cause a record to be
made of all hearings required by this Appendix. The record may be stenographic,
mechanical, or electronic.
(8) Public access to information
(a) The Division shall make identifiable
public records related to all general permits available to the public for
inspection and copying in accordance with the Division's copying
policies.
(b) Reserved
(c) General permit development file.
The
Division shall prepare a general permit development file for each issued
general permit. The general permit development file shall be available for
public inspection subject to the provisions of this Appendix. The general
permit development file shall contain:
1. Copies of all public notices required in
accordance with paragraph (5) of this Appendix;
2. A copy of the fact sheet required in
accordance with paragraph (3) of this Appendix and any other documents not
readily available to the public which were used in developing the terms and
conditions of the general permit;
3.
Reserved
4. Copies of the draft and
final general permits and the application for coverage;
5. All written comments received during the
public comment period in accordance with part (5)(c)4 of this Appendix on the
draft general permit, fact sheet, and application for coverage;
6. The record of public hearings produced in
accordance with subparagraph (7)(c) of this Appendix; and
7. The response to comments prepared in
accordance with subparagraph (9)(a) of this Appendix.
(d) The Division shall add the name of any
person, upon request, to a mailing list to receive notices of Division actions
associated with a general permit.
(e) The Division shall provide facilities for
the inspection of information relating to general permits and shall ensure that
employees honor requests for such inspection promptly without undue
requirements or restrictions. The Division shall either:
1. Ensure that a machine or device for the
copying of papers and documents is available for a reasonable fee; or
2. Otherwise provide for, or coordinate with,
copying facilities or services such that requests for copies of
nonconfidential, identifiable public records be honored
promptly.
(9)
Issuance of general permits
(a) At the close
of the public comment period required by part (5)(c)4 of this Appendix, the
Division shall prepare a response to all relevant comments received (both
written and verbal) and shall briefly describe any changes, other than editing
changes, and the principal reasons for making the changes to the draft general
permit.
(b) General permits shall be
deemed issued upon signing by the Director.
(c) The Division shall provide public notice
of the issuance of all final general permits in accordance with subparagraph
(5)(d) of this Appendix.
(d) General
permits become effective 30 days after the date of publication of the public
notice issued in accordance with subparagraph (5)(d) of this Appendix, unless a
later date is specified by the Division.
(10) Appeals
(a) The terms and conditions of a general
permit, as they apply to the appropriate class of facilities, are subject to
appeal within 30 days of issuance of the general permit.
(b) The terms and conditions of a general
permit, as they apply to an individual facility, are appealable within 30 days
of the effective date of coverage of that facility. This appeal is limited to
the general permit's applicability or non applicability to that individual
facility.
(c) The appeal of general
permit coverage of an individual facility does not affect any other facilities
covered under the general permit. If the terms and conditions of a general
permit are found to be inapplicable to any individual facility, the matter
shall be remanded to the Director for consideration of issuance of an
individual permit or permits.
(11) Modification, revocation and reissuance,
and termination of general permits
A general permit may be modified,
revoked and reissued, or terminated, during its term for cause including, but
not limited to, the following:
(a) A
change occurs in the technology or practices for control or abatement of
contaminants applicable to the category of facilities covered under the general
permit.
(b) New biosolids or sewage
sludge guidelines or standards are promulgated pursuance to the Tennessee Water
Quality Control Act, §§ T.C.A 69-3-101 et seq., for the category of
facilities covered under the general permit.
(c) Information is obtained which indicates
that cumulative effects on the environment from facilities covered under the
general permit are unacceptable.
(12) Notice for determinations to modify or
revoke
In the event that the Division has determined to modify or revoke,
in whole or in part, a general permit in accordance with paragraph (11) of this
Appendix, the Division shall notify, in writing, all facilities covered under
the general permit. The notification shall include:
(a) The reason(s) why the general permit is
being revoked or modified;
(b) The
process for appealing the determination;
(c) An application form and a time limit for
submitting the application; and
(d)
Any other information determined to be relevant by the
Division.
Authority:
T.C.A. §§
69-3-101 et seq. and 4-5-201 et
seq.
