(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; or4. 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; or5. 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; or2. 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; and2. 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; or2. 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/or2. 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; and2. 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; and3. 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; and2. 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; or2. 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:(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; and5. In the opinion of the Director, are more appropriately controlled under a general permit than under individual permits.(2) General permit preparation - preliminary determinationFor 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 noticeThe 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.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; and2. 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.(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;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; and7. 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; or2. 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 revokeIn 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.Tenn. Comp. R. & Regs. 0400-40-15-.06
Original rule filed April 1, 2013; effective June 30, 2013.Authority: T.C.A. §§ 69-3-101 et seq. and 4-5-201 et seq.