The Tennessee Department of Environment and Conservation (TDEC) Division of Solid Waste Management (DSWM) has issued a hazardous waste treatment permit to Kilgore Flares Company, LLC. The Kilgore facility (EPA ID TND981026594) is located in Hardeman County on Keller Road in Toone, TN 38381. This decision follows a 45-day public comment period on the draft permit that ended on September 3, 2019. The opportunity for comment included a public hearing held on August 20, 2019 at the Toone Elementary School. A Response to Comments has been issued to address comments received during the comment period as well as to explain any changes made to finalize the permit.
The permit allows Kilgore to replace its current twenty-one (21) 1,500-pound capacity open burn pans with ten (10) redesigned 3,300-pound capacity open burn pans. Each of the redesigned carbon steel burn pans will be situated aboveground over curbed concrete pads and on elevated stands. The removal and the construction of the burn pans will be done in two phases so that treatment of waste will not be interrupted. The construction will be finished within a year of the permit issuance.
Corrective action conditions for the Solid Waste Management Units (SWMUs) and Areas of Concern (AOCs) are also included as part of the permit. Kilgore shall be required to investigate any releases of hazardous waste or hazardous constituents pursuant to this permit at the facility regardless of the time at which waste was placed in a unit and to take appropriate corrective action for any such releases. The permit also requires Kilgore to comply with all land disposal restrictions and air emission standards applicable to this facility and to certify annually that on-site generation of hazardous waste is minimized to the extent practicable.
The permit identifies 12 SWMUs and 2 AOCs. SWMUs 2, 6, 7, 8, 9, 10, 11, 12, and AOC-1 were approved for No Further Action. The permit includes final remedies for SWMU 1, 3, 4, and 5 and AOC-2, requiring institutional controls consisting of warning signs, a no digging policy, site security, inspections, and financial assurance. Legacy groundwater contamination at SWMU 1 is being addressed as part of AOC-2. Once Kilgore closes or discontinues operation of SWMU 1, all investigations and final remedies will be addressed under the corrective action program. For AOC-2, the permit requires the monitoring of 10 wells across the site for volatile organic compounds.
The permit is issued under the authority of the Tennessee Hazardous Waste Management Act of 1977, as amended, Tennessee Code Annotated, Section 68-212-101 et seq., and Rule Chapter 0400-12-01, Hazardous Waste Management. The permit is effective as of September 10, 2019, and shall remain in effect until September10, 2029, unless continued, revoked and reissued, or terminated under applicable regulations.
Electronic copies of the permit, including the Response to Comments document, are available online at and at the DSWM Central Office, 312 Rosa L. Parks Ave, 14th Floor, Nashville, TN 37243 (615-532-0780). Paper copies are available for review at the Bolivar-Hardeman County Library, 213 North Washington Street, Bolivar, TN 38008 (731-658-3436) and at the TDEC Jackson Environmental Field Office, 1625 Hollywood Drive, Jackson, TN 38305 (731-512-1300).
If it is hard for you to read, speak, or understand English, TDEC may be able to provide translation or interpretation services free of charge. Please contact Mary Evans at 615-532-0798 for more information.
TDEC is an Equal Employment Opportunity/Affirmative Action (EEO/AA) employer. TDEC does not unlawfully discriminate on any basis prohibited by applicable law in any of its programs, services or activities.
EEO/AA/ADAAA inquiries or complaints may be directed to the ADAAA Coordinator, TDEC HR Division, at 615-532-0200. Hearing impaired callers may use the Tennessee Relay Service (1 800 848-0298).
If you would like to receive notices like this directly, contact the Public Participation Officer in DSWM’s Central Office for a Mailing List Request form. Email or call 615 532 0788.
The administrative and judicial review of this final permit is pursuant under the Tennessee Uniform Administrative Procedures Act, T.C.A. Sections 4-5-317 and 4-5-222 and the Hazardous Waste Management Act, T.C.A. 68-212-113 and Tennessee Rule 0400-12-01-.07(7)(k).
NOTICE ISSUED: September 26, 2019