Tenn. Comp. R. & Regs. 0400-12-01-.03
Current through October 22, 2024
As used in this rule:
A person who generates a solid waste, as defined in subparagraph (1)(b) of Rule 0400-12-01-.02, must make an accurate determination as to whether that waste is a hazardous waste in order to ensure wastes are properly managed according to applicable hazardous waste management regulations. A hazardous waste determination is made using the following steps:
A generator must determine its generator category. A generator's category is based on the amount of hazardous waste generated each month and may change from month to month. This subparagraph sets forth procedures to determine whether a generator is a very small quantity generator, a small quantity generator, or a large quantity generator for a particular month, as defined in subparagraph (2)(a) of Rule 0400-12-01-.01.
Table 1 Generator Categories Based on Quantity of Waste Generated in a Calendar Month | |||
Quantity of acute hazardous waste generated in a calendar month | Quantity of non- acute hazardous waste generated in a calendar month | Quantity of residues from a cleanup of acute hazardous waste generated in a calendar month | Generator category |
[GREATER THAN] 1 kg ....................... | Any amount ........................ | Any amount ............... | Large quantity generator |
Any amount .............. | [GREATER THAN OR EQUAL] to 1,000 kg........................... | Any amount ............... | Large quantity generator |
Any amount ............. | Any amount ......................... | [GREATER THAN] 100 kg ....... | Large quantity generator |
[LESS THAN OR EQUAL] to 1 kg. .................... | [GREATER THAN] 100 kg and [LESS THAN] 1,000 kg .. | [LESS THAN OR EQUAL] to 100 kg ....... | Small quantity generator |
[LESS THAN OR EQUAL] to 1 kg. .................... | [LESS THAN OR EQUAL] to 100 kg ......... | [LESS THAN OR EQUAL] to 100 kg ....... | Very Small quantity generator |
(Note: The term operator, as used in this part, refers to an individual or individuals responsible for the equipment or processes generating the hazardous waste and does not refer to a company or entity as a whole.)
A small quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of Rules 0400-12-01-.05 through 0400-12-01-.07, and 0400-12-01-.09, including the notification requirements, provided that all the conditions for exemption listed in this subparagraph are met:
A large quantity generator may accumulate hazardous waste on site without a permit or interim status, and without complying with the requirements of Rules 0400-12-01-.05 through 0400-12-01-.07, and 0400-12-01-.09, including the notification requirements, provided that all of the following conditions for exemption are met:
If the waste accumulation unit is subsequently reopened, the generator may remove the notice from the operating record.
(Note: For the purpose of this subpart, to clean close means complying with the closure performance standards of item (III) of this subpart for container, tank, and containment building waste accumulation units or item (IV) of this subpart for drip pads.)
An extension of up to 30 days or an exception to the accumulation limit may be granted at the discretion of the Commissioner on a case-by-case basis.
(Comment: This exclusion from notification requirements is not intended to encourage the discharge of hazardous waste to a sewer nor does it exclude the laboratory from having to comply with federal, state, or local pretreatment or sewer use requirements.)
Except as subparagraph (a) of this paragraph provides otherwise, a person who is a generator of a waste on the effective date of the regulations established under Rule 0400-12-01-.02 which identify that waste as a hazardous waste subject to the requirements of this paragraph must notify the Commissioner within 90 days of that date. Such notification must be submitted on generator notification forms provided by the Commissioner. The form must be completed according to the instructions accompanying it.
Except as subparagraphs (a) and (e) of this paragraph provide otherwise, a person who becomes a generator of a waste after the effective date of regulations established under Rule 0400-12-01-.02 which identify that waste as a hazardous waste subject to the requirements of this paragraph, must notify the Commissioner within 90 days after the date of initial generation. Such notification must be submitted on generator notification forms provided by the Commissioner. The form must be completed according to the instructions accompanying it.
(Note: See part (5)(b)2 of this rule for additional requirements for the submission of an annual report due to a change of ownership.)
(Note: A change in site location makes the generator subject to subparagraph (c) of this paragraph.)
(Note: The Department shall, upon request, grant up to 60 days additional time in cases where retesting of the waste is deemed necessary.)
Except as subparagraph (a) of this paragraph provides otherwise:
In lieu of using the manifest form specified in subpart (i) of this part, a person required to prepare a manifest under subpart (i) of this part may prepare and use an electronic manifest, provided that the person:
(Note: 40 CFR 262.21 provides that:
The manifest consists of at least the number of copies which will provide the generator, each transporter, and the owner or operator of the designated facility with one copy each for their records and another copy to be returned to the generator.
(Note: See parts (3)(a)5 and 6 of Rule 0400-12-01-.04 for special provisions for rail or water (bulk shipment) transporters.)
A generator who initiates a shipment of hazardous waste must certify to one of the following statements in Item 15 of the Uniform Hazardous Waste Manifest:
Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must package the waste in accordance with the applicable DOT regulations on packaging under 49 CFR Parts 173, 178, and 179.
Before transporting or offering hazardous waste for transportation off-site, a generator must label each package in accordance with the applicable DOT regulations on hazardous materials under 49 CFR Part 172.
Before transporting hazardous waste or offering hazardous waste for transportation off-site, a generator must placard or offer the initial transporter the appropriate placards according to Department of Transportation regulations for hazardous materials under 49 CFR 172 Subpart F.
The placement of bulk or non-containerized liquid hazardous waste or hazardous waste containing free liquids (whether or not sorbents have been added) in any landfill is prohibited. Prior to disposal in a hazardous waste landfill, liquids must meet additional requirements as specified in subparagraphs (14)(o) of Rule 0400-12-01-.05 and (14)(o) of Rule 0400-12-01-.06.
(Comment: This exclusion from annual reporting requirements is not intended to encourage the discharge of hazardous waste to a sewer nor does it exclude the laboratory from having to comply with federal, state, or local pretreatment or sewer use requirements.)
(Note: The submission need only be a handwritten or typed note on the manifest itself, or on an attached sheet of paper, stating that the return copy was not received.)
The Commissioner, as deemed necessary under T.C.A. § 68-212-105(4), T.C.A § 68-212-106, and T.C.A. § 68-212-107 of the Hazardous Waste Management Act, may require generators to furnish additional reports concerning the quantities and disposition of wastes identified or listed in Rule 0400-12-01-.02.
A small quantity generator is exempt from the requirement under part (a)2 of this paragraph to maintain copies of Exception Reports and the requirements of part (c)1 of this paragraph.
A plan or annual progress report developed pursuant to this paragraph and maintained at the generating facility shall not be considered a public record. Information supplied to the department, as provided by this rule and defined as proprietary by regulation, shall not be revealed to any person without the consent of the person supplying such information. However, the summary information on waste reduction activities submitted to the department may be utilized by the commissioner, the board, the department, the United States Environmental Protection Agency, or any authorized representative of the commissioner or the board in connection with the responsibilities of the department or board pursuant to this paragraph or as necessary to comply with federal law. Copies of the any Form R's provided to the State and Environmental Protection Agency (EPA), can be requested from the Tennessee Emergency Management Agency (TEMA).
(Note: The implementation of this paragraph remains the responsibility of EPA.)
In addition to the definitions set forth at subparagraph (2)(a) of Rule 0400-12-01-.01, the following definitions apply to this paragraph.
"Competent authority" means the regulatory authority or authorities of concerned countries having jurisdiction over transboundary movements of wastes.
"Countries concerned" means the countries of export or import and any countries of transit.
"Country of export" means any country from which a transboundary movement of hazardous wastes is planned to be initiated or is initiated.
"Country of import" means any country to which a transboundary movement of hazardous wastes is planned or takes place for the purpose of submitting the wastes to recovery or disposal operations therein.
"Country of transit" means any country other than the country of export or country of import across which a transboundary movement of hazardous wastes is planned or takes place.
"Disposal operations" means activities that do not lead to the possibility of resource recovery, recycling, reclamation, direct re-use or alternate uses, which include:
"EPA Acknowledgment of Consent (AOC)" means the letter EPA sends to the exporter documenting the specific terms of the country of import's consent and the country(ies) of transit's consent(s). The AOC meets the definition of an export license in U.S. Census Bureau regulations 15 CFR 30.1.
"Export" means the transportation of hazardous waste from a location under the jurisdiction of the United States to a location under the jurisdiction of another country, or a location not under the jurisdiction of any country, for the purposes of recovery or disposal operations therein.
"Exporter, also known as primary exporter on the RCRA hazardous waste manifest," means the person domiciled in the United States who is required to originate the movement document in accordance with part (d)4 of this paragraph or the manifest for a shipment of hazardous waste in accordance with subpart B of 40 CFR part 262 , or equivalent state provision, which specifies a foreign receiving facility as the facility to which the hazardous wastes will be sent, or any recognized trader who proposes export of the hazardous wastes for recovery or disposal operations in the country of import.
"Foreign exporter" means the person under the jurisdiction of the country of export who has, or will have at the time the planned transboundary movement commences, possession or other forms of legal control of the hazardous wastes and who proposes shipment of the hazardous wastes to the United States for recovery or disposal operations.
"Foreign importer" means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the exported hazardous waste is received in the country of import.
"Foreign receiving facility" means a facility which, under the importing country's applicable domestic law, is operating or is authorized to operate in the country of import to receive the hazardous wastes and to perform recovery or disposal operations on them.
"Import" means the transportation of hazardous waste from a location under the jurisdiction of another country to a location under the jurisdiction of the United States for the purposes of recovery or disposal operations therein.
"Importer" means the person to whom possession or other form of legal control of the hazardous waste is assigned at the time the imported hazardous waste is received in the United States.
"OECD" means the Organization for Economic Cooperation and Development.
"OECD area" means all land or marine areas under the national jurisdiction of any OECD Member country. When the regulations refer to shipments to or from an OECD Member country, this means OECD area.
"OECD Member country" means the countries that are members of the OECD and participate in the Amended 2001 OECD Decision. (EPA provides a list of OECD Member countries at https://www.epa.gov/hwgenerators/international-agreements-transboundary-shipments-waste).
"Receiving facility" means a U.S. facility which, under RCRA and other applicable domestic laws, is operating or is authorized to operate to receive hazardous wastes and to perform recovery or disposal operations on them.
"Recovery operations" means activities leading to resource recovery, recycling, reclamation, direct re-use, or alternative uses, which include:
"Transboundary movement" means any movement of hazardous wastes from an area under the national jurisdiction of one country to an area under the national jurisdiction of another country.
(Note: Some Amber list wastes are not listed or otherwise identified as hazardous under RCRA, and therefore are not subject to the requirements of this paragraph. Regardless of the status of the waste under RCRA, however, other Federal environmental statutes (e.g., the Toxic Substances Control Act) restrict certain waste imports or exports. Such restrictions continue to apply with regard to this paragraph.)
(Note: The regulated community should note that some countries may require, by domestic law, that mixtures of different Green wastes be subject to the Amber control procedures.)
(Note: The regulated community should note that some countries may require, by domestic law, that a mixture of a Green waste and more than a de minimis amount of an Amber waste or a mixture of two or more Amber wastes be subject to the Amber control procedures.)
"I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally enforceable written contractual obligations have been entered into and that any applicable insurance or other financial guarantee is or shall be in force covering the transboundary movement."
Name: ______________________________________________
Signature: ___________________________________________
Date: _______________________________________________
(Note: Financial guarantees so required are intended to provide for alternate recycling, disposal or other means of sound management of the wastes in cases where arrangements for the shipment and the recovery operations cannot be carried out as foreseen. The United States does not require such financial guarantees at this time; however, some OECD Member countries and other foreign countries do. It is the responsibility of the exporter to ascertain and comply with such requirements; in some cases, persons or facilities located in those OECD Member countries or other foreign countries may refuse to enter into the necessary contracts absent specific references or certifications to financial guarantees.)
"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment."
"I certify that the above information is complete and correct to the best of my knowledge. I also certify that legally enforceable written contractual obligations have been entered into and that any applicable insurance or other financial guarantee is or shall be in force covering the transboundary movement."
Name: ____________________________________
Signature: _________________________________
Date: _____________________________________
(Note: The United States does not currently require financial assurance for these waste shipments.)
(Note: Financial guarantees so required are intended to provide for alternate recycling, disposal or other means of sound management of the wastes in cases where arrangements for the shipment and the recovery operations cannot be carried out as foreseen. The United States does not require such financial guarantees at this time; however, some OECD Member countries or other foreign countries do. It is the responsibility of the importer to ascertain and comply with such requirements; in some cases, persons or facilities located in those countries may refuse to enter into the necessary contracts absent specific references or certifications to financial guarantees.)
The following definitions apply to this paragraph:
A relationship on a project-by-project or grant-by-grant basis is not considered a formal written affiliation agreement.
This paragraph provides alternative requirements to the requirements in subparagraphs (1)(b) and (f) of this rule for the hazardous waste determination and accumulation of hazardous waste in laboratories owned by eligible academic entities that choose to be subject to this paragraph, provided that they complete the notification requirements of subparagraph (d) of this paragraph.
This paragraph provides alternative requirements to the conditional exemption in subparagraph (1)(e) of this rule for the accumulation of hazardous waste in laboratories owned by eligible academic entities that choose to be subject to this paragraph, provided that they complete the notification requirements subparagraph (d) of this paragraph.
Eligible academic entities have the option of complying with this paragraph with respect to its laboratories as an alternative to complying with the requirements of subparagraphs (1)(b) and (f) of this rule.
Eligible academic entities have the option of complying with this paragraph with respect to its laboratories as an alternative to complying with the conditional exemption of subparagraph (1)(e) of this rule.
An eligible academic entity that chooses to be subject to this paragraph is not required to have interim status or a hazardous waste management permit for the accumulation of unwanted material and hazardous waste in its laboratories, provided the laboratories comply with the provisions of this paragraph and the eligible academic entity has a Laboratory Management Plan (LMP) in accordance with subparagraph (o) of this paragraph that describes how the laboratories owned by the eligible academic entity will comply with the requirements of this paragraph.
An eligible academic entity must manage containers of unwanted material while in the laboratory in accordance with the requirements in this subparagraph.
An eligible academic entity must properly manage containers of unwanted material in the laboratory to assure safe storage of the unwanted material, to prevent leaks, spills, emissions to the air, adverse chemical reactions, and dangerous situations that may result in harm to human health or the environment. Proper container management must include the following:
An eligible academic entity must provide training to all individuals working in a laboratory at the eligible academic entity, as follows:
An eligible academic entity must ensure that a trained professional makes a hazardous waste determination, pursuant to subparagraph (1)(b) of this rule, for unwanted material in any of the following areas:
An eligible academic entity must ensure that a trained professional makes a hazardous waste determination, pursuant to parts (1)(b)1 through 4 of this rule, for unwanted material in the laboratory before the unwanted material is removed from the laboratory, in accordance with subparagraph (k) of this paragraph.
If an eligible academic entity makes the hazardous waste determination, pursuant to subparagraph (1)(b) of this rule, for unwanted material in the laboratory, it must comply with the following:
If an eligible academic entity makes the hazardous waste determination, pursuant to subparagraph (1)(b) of this rule, for unwanted material at an on-site central accumulation area, it must comply with the following:
If an eligible academic entity makes the hazardous waste determination, pursuant to subparagraph (1)(b) of this rule, for unwanted material at an on-site interim status or permitted treatment, storage, or disposal facility, it must comply with the following:
An eligible academic entity must develop and retain a written Laboratory Management Plan or revise an existing written plan. The Laboratory Management Plan is a site-specific document that describes how the eligible academic entity will manage unwanted materials in compliance with this paragraph. An eligible academic entity may write one Laboratory Management Plan for all the laboratories owned by the eligible academic entity that have opted into this paragraph, even if the laboratories are located at sites with different Installation Identification Numbers. The Laboratory Management Plan must contain two parts with a total of nine elements identified in parts 1 and 2 of this subparagraph. In Part I of its Laboratory Management Plan, an eligible academic entity must describe its procedures for each of the elements listed in part 1 of this subparagraph. An eligible academic entity must implement and comply with the specific provisions that it develops to address the elements in Part I of the Laboratory Management Plan. In Part II of its Laboratory Management Plan, an eligible academic entity must describe its best management practices for each of the elements listed in part 2 of this subparagraph. The specific actions taken by an eligible academic entity to implement each element in Part II of its Laboratory Management Plan may vary from the procedures described in the eligible academic entity's Laboratory Management Plan, without constituting a violation of this paragraph. An eligible academic entity may include additional elements and best management practices in Part II of its Laboratory Management Plan if it chooses.
The equally effective term, if used, has the same meaning and is subject to the same requirements as "unwanted material.");
An eligible academic entity that generates hazardous waste outside of a laboratory is not eligible to manage that hazardous waste under this paragraph; and
This paragraph is applicable to very small quantity generators and small quantity generators as defined in subparagraph (1)(b) of Rule 0400-12-01-.01.
(Note: The quantities of hazardous waste generated during an episodic event(s) does not exempt the very small quantity generator from paying any applicable fee in accordance with paragraph (5) of Rule 0400-12-01-.08.)
(Note: The quantities of hazardous waste generated during an episodic event(s) does not exempt the small quantity generator from paying any applicable fee in accordance with paragraph (5) of Rule 0400-12-01-.08.)
The regulations of this paragraph apply to those areas of a large quantity generator where hazardous waste is generated or accumulated on site.
A large quantity generator must maintain and operate its facility to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous waste or hazardous waste constituents to air, soil, or surface water which could threaten human health or the environment.
All areas deemed applicable by subparagraph (a) of this paragraph must be equipped with the items in parts 1 through 4 of this subparagraph (unless none of the hazards posed by waste handled at the facility could require a particular kind of equipment specified in parts 1 through 4 of this subparagraph, or the actual hazardous waste generation or accumulation area does not lend itself for safety reasons to have a particular kind of equipment specified below). A large quantity generator may determine the most appropriate locations within its facility to locate equipment necessary to prepare for and respond to emergencies:
All communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.
The large quantity generator must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.
A copy of the contingency plan and all revisions to the plan must be maintained at the large quantity generator, and:
The contingency plan must be reviewed, and immediately amended, if necessary, whenever:
At all times, there must be at least one employee either on the generator's premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures and implementing the necessary emergency procedures outlined in subparagraph (m) of this paragraph. Although responsibilities may vary depending on factors such as type and variety of hazardous waste(s) handled by the facility, as well as type and complexity of the facility, this emergency coordinator must be thoroughly familiar with all aspects of the generator's contingency plan, all operations and activities at the facility, the location and characteristics of hazardous waste handled, the location of all records within the facility, and the facility's layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan.
Tenn. Comp. R. & Regs. 0400-12-01-.03
Authority: T.C.A. §§ 4-5-201, et seq., and 68-212-101, et seq.