Rules & Regulations of the State of Tennessee
Title 0400 - Environment and Conservation
Subtitle 0400-12 - Division of Solid Waste Management (Hazardous Waste Program)
Chapter 0400-12-01 - Hazardous Waste Management
Section 0400-12-01-.01 - HAZARDOUS WASTE MANAGEMENT SYSTEM: GENERAL

(a) Purpose, Scope, and Applicability

This rule provides definitions of terms, general standards and procedures, and overview information applicable to these rules.

(b) Use of Number and Gender As used in these rules:

(c) Rule Structure

These rules are organized, numbered, and referenced according to the following outline form:

(d) Manifest copy submission requirements for certain interstate waste shipments.

(e) Applicability of electronic manifest system and user fee requirements to facilities receiving state-only regulated waste shipments.

(f) Electronic Reporting

This chapter requires the submission of forms developed by the Commissioner in order for a person to comply with certain requirements, including, but not limited to, notifying of hazardous waste generation, making reports, submitting monitoring results, and applying for permits. The Commissioner may make these forms available electronically and, if submitted electronically, then that electronic submission shall comply with the requirements of Chapter 0400-01-40.

(g) Additional Information

The Commissioner may require the submission of information as deemed necessary to determine compliance with the Act or these rules. The information required by the Commissioner shall be submitted by the date specified by the Commissioner and in accordance with the instructions accompanying the request.

(a) Definitions

When used in Rules 0400-12-01-.01 through .12, the following terms have the meanings given below unless otherwise specified:

"Above ground tank" means a device meeting the definition of "tank" in this subparagraph and that is situated in such a way that the entire surface area of the tank is completely above the plane of the adjacent surrounding surface and the entire surface area of the tank (including the tank bottom) is able to be visually inspected.

"Accumulated speculatively" means accumulated speculatively as defined in subpart (1)(a)3(viii) of Rule 0400-12-01-.02.

"Act" means the Tennessee Hazardous Waste Management Act, as amended, Tennessee Code Annotated (T.C.A.) §§ 68-212-101 et seq.

"Active life" of a facility means the period from the initial receipt of hazardous waste at the facility until the Commissioner receives certification of final closure.

"Active portion" means that portion of a facility where treatment, storage, or disposal operations are being or have been conducted after the date one or more of the hazardous wastes handled by the facility first became subject to regulation under rules promulgated under the Act and which is not a closed portion. (See also "closed portion" and "inactive portion".) "Acute hazardous waste" means hazardous wastes that meet the listing criteria in subpart (2)(b)1(ii) of Rule 0400-12-01-.02 and therefore are either listed in subparagraph (4)(b) of Rule 0400-12-01-.02 with the assigned hazard code of (H) or are listed in part (4)(d)5 of Rule 0400-12-01-.02.

"Administrator" means the Administrator of the Environmental Protection Agency, or his designee.

"Aerosol can" means aerosol can as defined in subparagraph (1)(i) of Rule 0400-12-01-.12.

"AES filing compliance date" means December 31, 2017.

"Airbag waste" means any hazardous waste airbag modules or hazardous waste airbag inflators.

(Note for the definition of "airbag waste": Pursuant to paragraph (1) of Rule 0400-12-01-.02, certain airbag modules and airbag inflators being legitimately used, reused, or reclaimed may not be wastes and, therefore, not hazardous wastes. If unsure, a person is encouraged to contact the Department's Division of Solid Waste Management for guidance.) "Airbag waste collection facility" means any facility that receives airbag waste from airbag handlers subject to regulation under part (1)(d)10 of Rule 0400-12-01-.02 and accumulates the waste for more than 10 days.

"Airbag waste handler" means any person, by site, who generates airbag waste that is subject to regulation under this chapter.

"Analogous raw material" means a material for which a hazardous secondary material substitutes and which serves the same function and has similar physical and chemical properties as the hazardous secondary material.

"Ancillary equipment" means any device including, but not limited to, such devices as piping, fittings, flanges, valves, and pumps, that is used to distribute, meter, or control the flow of hazardous waste from its point of generation to a storage or treatment tank(s), between hazardous waste storage and treatment tanks to a point of disposal onsite, or to a point of shipment for disposal off-site.

"Application" means the EPA standards national forms for applying for a permit, including any additions, revisions or modifications to the forms; or forms approved by EPA for use in approved States, including any approved modifications or revisions. Application also includes the information required by the Commissioner under subparagraph (5)(a) through paragraph (6) of Rule 0400-12-01-.07 (contents of Part B of the hazardous waste management permit application).

"Approved program or approved State" means a State which has been approved or authorized by EPA under 40 CFR Part 271.

"Aquifer" means a geologic formation, group of formations, or part of a formation capable of yielding a significant amount of ground water to wells or springs.

"ASTM" means the American Society for Testing and Materials.

"Authorized representative" means the person responsible for the overall operation of a facility or an operational unit (i.e., part of a facility), e.g., the plant manager, superintendent or person of equivalent responsibility.

"Battery" means battery as defined in subparagraph (1)(i) of Rule 0400-12-01-.12.

"Board" means the Underground Storage Tanks and Solid Waste Disposal Control Board established by T.C.A. § 68-211-111.

"Boiler" means an enclosed device using controlled flame combustion and having the following characteristics:

"By-product" means by-product as defined in subpart (1)(a)3(iii) of Rule 0400-12-01-.02.

"Carbon dioxide stream" means carbon dioxide that has been captured from an emission source (e.g., power plant), plus incidental associated substances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process.

"Carbon regeneration unit" means any enclosed thermal treatment device used to regenerate spent activated carbon.

"Cathode ray tube" or CRT means a vacuum tube, composed primarily of glass, which is the visual or video display component of an electronic device. A used, intact CRT means a CRT whose vacuum has not been released. A used, broken CRT means glass removed from its housing or casing whose vacuum has been released.

"Central accumulation area" means any on-site hazardous waste accumulation area with hazardous waste accumulating in units subject to either subparagraph (1)(g) of Rule 0400-12-01-.03 (for small quantity generators) or subparagraph (1)(h) of Rule 0400-12-01-.03 (for large quantity generators). A central accumulation area at an eligible academic entity that chooses to operate under paragraph (10) of Rule 0400-12-01-.03 is also subject to subparagraph (10)(l) of Rule 0400-12-01-.03 when accumulating unwanted material and/or hazardous waste.

"Certification" means a statement of professional opinion based upon knowledge and belief.

"CFR" means the Code of Federal Regulations.

"Closed portion" means that portion of a facility which an owner or operator has closed in accordance with the approved facility closure plan and all applicable closure requirements. (See also "active portion" and "inactive portion".) "Commissioner" means the Commissioner of the Tennessee Department of Environment and Conservation (formerly the Tennessee Department of Health and Environment) or his authorized representative.

"Component" means any constituent part of a unit or any group of constituent parts of a unit assembled to perform a specific function (e.g., a pump seal, pump, kiln liner, kiln thermocouple) when used in Rule 0400-12-01-.07 and, when used otherwise in these rules, means either the tank or ancillary equipment of a tank system.

"Conditionally exempt small quantity generator" or "CESQG" means very small quantity generator as defined in this subparagraph.

"Confined aquifer" means an aquifer bounded above and below by impermeable beds or by beds of distinctly lower permeability than that of the aquifer itself; an aquifer containing confined ground water.

"Conglomerate Waste Stream" means the mixture of individual wastewater streams at the point of entry into either the headworks of an on-site wastewater treatment plant or the sewer system that leads to a publicly owned treatment works (POTW).

"Contained" means held in a unit (including a land-based unit as defined in this subparagraph) that meets the following criteria:

"Container" means any portable device in which a material is stored, transported, treated, disposed of, or otherwise handled.

"Containment building" means a hazardous waste management unit that is used to store or treat hazardous waste under the provisions of Rule 0400-12-01-.06(33) and 0400-12-01-.05(30).

"Contingency plan" means a document setting out an organized, planned, and coordinated course of action to be followed in case of a fire, explosion, or release of hazardous waste or hazardous waste constituents which could threaten public health or the environment.

"Corrective action management unit" or "CAMU" means an area within a facility that is used only for managing remediation wastes for implementing corrective action or cleanup at the facility.

"Corrosion expert" means a person who, by reason of his knowledge of the physical sciences and the principles of engineering and mathematics, acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. Such a person must be certified as being qualified by the National Association of Corrosion Engineers (NACE) or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control on buried or submerged metal piping systems and metal tanks.

"CRT collector" means a person who receives used, intact CRTs for recycling, repair, resale, or donation.

"CRT exporter" means any person in the United States who initiates a transaction to send used CRTs outside the United States or its territories for recycling or reuse, or any intermediary in the United States arranging for such export.

"CRT glass manufacturer" means an operation or part of an operation that uses a furnace to manufacture CRT glass.

"CRT processing" means conducting all of the following activities:

"CWA" means the Clean Water Act (formerly referred to as the Federal Water Pollution Act or Federal Water Pollution Control Act amendments of 1972) Pub. L. 92-500, as amended by Publ. L. 92-217 and Publ. L. 95-576; 33 U.S.C. 1251 et seq.

"Department" means the Tennessee Department of Environment and Conservation (formerly Tennessee Department of Health and Environment).

"Designated facility" means:

"Destination facility" means destination facility as defined in subparagraph (1)(i) of Rule 0400-12-01-.12.

"Dike" means an embankment or ridge of either natural or man-made materials used to prevent the movement of liquids, sludges, solids, or other materials.

"Dioxins and furans" (D/F) means tetra-, penta-, hexa-, hepta-, and octa-chlorinated dibenzo dioxins and furans.

"Discharge" or "hazardous waste discharge" means the accidental or intentional spilling, leaking, pumping, pouring, emitting, emptying, or dumping of hazardous waste into or on any land or water.

"Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any hazardous waste into or on any land, water or air so that such hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters.

"Disposal facility" means a facility or part of a facility at which hazardous waste is intentionally placed into or on any land or water, and at which waste will remain after closure. The term disposal facility does not include a corrective action management unit into which remediation wastes are placed.

"Division Director" or "Director" means the Director of the Division of Solid Waste Management of the Department, or his designee. This person also serves as the Technical Secretary to the Board, and functions as the chief of staff to both the Commissioner and the Board in matters relating to these rules and their implementation.

"DOT" means the U.S. Department of Transportation.

"Drip pad" is an engineered structure consisting of a curbed, free-draining base, constructed of non-earthen materials and designed to convey preservative kick-back or drippage from treated wood, precipitation, and surface water run-on to an associated collection system at wood preserving plants.

"Electronic import-export reporting compliance date" means the date that EPA announces in the Federal Register, on or after which exporters, importers, and receiving facilities are required to submit certain export and import related documents to EPA using EPA's Waste Import Export Tracking System, or its successor system.

"Electronic manifest" or "e-Manifest" means the electronic format of the hazardous waste manifest that is obtained from EPA's national e-Manifest system and transmitted electronically to the system, and that is the legal equivalent of EPA Forms 8700-22 (Manifest) and 8700-22A (Continuation Sheet).

"Electronic manifest system" or "e-Manifest system" means EPA's national information technology system through which the electronic manifest may be obtained, completed, transmitted, and distributed to users of the electronic manifest and to regulatory agencies.

"Elementary neutralization unit" means a device which:

"Emergency permit" means a hazardous waste management permit issued in accordance with Rule 0400-12-01-.07(1)(d).

"EPA" means the U.S. Environmental Protection Agency.

"EPA Identification Number" is synonymous with "Installation Identification Number."

"EPA region" means the states and territories found in any one of the following ten regions:

Region I - Maine, Vermont, New Hampshire, Massachusetts, Connecticut, and Rhode Island.

Region II - New York, New Jersey, Commonwealth of Puerto Rico, and the U.S. Virgin Islands.

Region III - Pennsylvania, Delaware, Maryland, West Virginia, Virginia, and the District of Columbia.

Region IV - Kentucky, Tennessee, North Carolina, Mississippi, Alabama, Georgia, South Carolina, and Florida.

Region V - Minnesota, Wisconsin, Illinois, Michigan, Indiana, and Ohio.

Region VI - New Mexico, Oklahoma, Arkansas, Louisiana, and Texas.

Region VII - Nebraska, Kansas, Missouri, and Iowa.

Region VIII - Montana, Wyoming, North Dakota, South Dakota, Utah, and Colorado.

Region IX - California, Nevada, Arizona, Hawaii, Guam, American Samoa, Commonwealth of the Northern Mariana Islands.

Region X - Washington, Oregon, Idaho, and Alaska.

"Equivalent method" means any testing or analytical method approved by the Commissioner under Rule 0400-12-01-.01(3).

"Existing hazardous waste management facility" or "existing facility" means a facility which was in operation, or for which construction had commenced, on or before the date on which one or more of the hazardous wastes handled or to be handled by the facility first became subject to regulation under rules promulgated under the Act. Construction has commenced if:

"Existing portion" means that land surface area of an existing waste management unit, included in the original Part A permit application, on which wastes have been placed prior to the issuance of a permit.

"Existing tank system" or "existing component" means a tank system or component that is used for the storage or treatment of hazardous waste and that is in operation, or for which installation has commenced on or prior to July 14, 1986. Installation will be considered to have commenced if the owner or operator has obtained all Federal, State, and local approvals or permits necessary to begin physical construction of the site or installation of the tank system and if either (1) a continuous on-site physical construction or installation program has begun, or (2) the owner or operator has entered into contractual obligations - which cannot be canceled or modified without substantial loss - for physical construction of the site or installation of the tank system to be completed within a reasonable time.

"Explosives or munitions emergency" means a situation involving the suspected or detected presence of unexploded ordnance (UXO), damaged or deteriorated explosives or munitions, an improvised explosive device (IED), other potentially explosive material or device, or other potentially harmful military chemical munitions or device, that creates an actual or potential imminent threat to human health, including safety, or the environment, including property, as determined by an explosives or munitions emergency response specialist. Such situations may require immediate and expeditious action by an explosives or munitions emergency response specialist to control, mitigate, or eliminate the threat.

"Explosives or munitions emergency response" means all immediate response activities by an explosives and munitions emergency response specialist to control, mitigate, or eliminate the actual or potential threat encountered during an explosives or munitions emergency. An explosives or munitions emergency response may include in-place render-safe procedures, treatment or destruction of the explosives or munitions and/or transporting those items to another location to be rendered safe, treated, or destroyed. Any reasonable delay in the completion of an explosives or munitions emergency response caused by a necessary, unforeseen, or uncontrollable circumstance will not terminate the explosives or munitions emergency. Explosives and munitions emergency responses can occur on either public or private lands and are not limited to responses at RCRA facilities.

"Explosives or munitions emergency response specialist" means an individual trained in chemical or conventional munitions or explosives handling, transportation, render-safe procedures, or destruction techniques. Explosives or munitions emergency response specialists include Department of Defense (DOD) emergency explosive ordnance disposal (EOD), technical escort unit (TEU), and DOD-certified civilian or contractor personnel; and other Federal, State, or local government, or civilian personnel similarly trained in explosives or munitions emergency responses.

"Facility" means:

"Facility mailing list" means the mailing list for a facility maintained by the Department in accordance with Rule 0400-12-01-.07(7)(e) 3(i)(V).

"Federal agency" means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Printing Office.

"Federal, State and local approvals or permits necessary to begin physical construction" means permits and approvals required under Federal, State or local hazardous waste control statutes, regulations or ordinances.

"FIFRA" means FIFRA as defined in subparagraph (1)(i) of Rule 0400-12-01-.12.

"Final authorization" means approval by EPA of a State program which has met the requirements of Section 3006(b) of RCRA and the applicable requirements of 40 CFR Part 271, Subpart A.

"Final closure" means the closure of all hazardous waste management units at the facility in accordance with all applicable closure requirements so that hazardous waste management activities under Rules 0400-12-01-.05 and 0400-12-01-.06 are no longer conducted at the facility unless subject to the provisions in Rule 0400-12-01-.03(4)(e).

"Food-chain crops" means tobacco, crops grown for human consumption, and crops grown for feed for animals whose products are consumed by humans.

"Freeboard" means the vertical distance between the top of a tank or surface impoundment dike, and the surface of the waste contained therein.

"Free liquids" means liquids which readily separate from the solid portion of a waste under ambient temperature and pressure.

"Functionally equivalent component" means a component which performs the same function or measurement and which meets or exceeds the performance specifications of another component.

"Furans" - see "Dioxins and furans".

"Generation" means the act or process of producing hazardous wastes.

"Generator" means any person, by site, whose act or process produces hazardous waste identified or listed in Rule 0400-12-01-.02 or whose act first causes a hazardous waste to become subject to regulation.

"Ground water" means water below the land surface in a zone of saturation.

"Hazardous secondary material" means a secondary material (e.g., spent material, byproduct, or sludge) that, when discarded, would be identified as hazardous waste under Rule 0400-12-01-.02.

"Hazardous secondary material generator" means any person whose act or process produces hazardous secondary materials at the generating facility. For purposes of this definition, "generating facility" means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator. For the purposes of subpart (1)(d)1(xxiii) of Rule 0400-12-01-.02, a facility that collects hazardous secondary materials from other persons is not the hazardous secondary material generator.

"Hazardous waste" means a hazardous waste as defined in Rule 0400-12-01-.02(1)(c).

"Hazardous waste code" or "Hazardous waste number" or "EPA hazardous waste number" means the code assigned by the Department or EPA to each hazardous waste listed in paragraph (4) of Rule 0400-12-01-.02 and to each characteristic identified in paragraph (3) of Rule 0400-12-01-.02, and any derivation of such codes or number which may be assigned by the Department or EPA to an individual waste or class of wastes.

"Hazardous waste constituent" means a constituent that caused the Board to list the hazardous waste in Rule 0400-12-01-.02(4), or a constituent listed in Table 1 of Rule 0400-12-01-.02(3)(e).

"Hazardous waste management unit" is a contiguous area of land on or in which hazardous waste is placed, or the largest area in which there is significant likelihood of mixing hazardous waste constituents in the same area. Examples of hazardous waste management units include a surface impoundment, a waste pile, a land treatment area, a landfill cell, an incinerator, a tank and its associated piping and underlying containment system, and a container storage area. A container alone does not constitute a unit; the unit includes containers and the land or pad upon which they are placed.

"HWM facility" means Hazardous Waste Management facility.

"Inactive portion" means that portion of a facility which is not operated after the date one or more of the hazardous wastes handled by the facility first became subject to regulation under rules promulgated under the Act. (See also "active portion" and "closed portion".) "Incinerator" means any enclosed device that:

"Incompatible waste" means a hazardous waste which is unsuitable for:

(See Appendix V at Rule 0400-12-01-.05(53) and at Rule 0400-12-01-.06(57) for examples.)

"Individual generation site" means the contiguous site at or on which one or more hazardous wastes are generated. An individual generation site, such as a large manufacturing plant, may have one or more sources of hazardous waste but is considered a single or individual generation site if the site or property is contiguous.

"Industrial furnace" means any of the following enclosed devices that are integral components of manufacturing processes and that use thermal treatment to accomplish recovery of materials or energy:

"Infrared incinerator" means any enclosed device that uses electric powered resistance heaters as a source of radiant heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.

"Inground tank" means a device meeting the definition of "tank" in this subparagraph whereby a portion of the tank wall is situated to any degree within the ground, thereby preventing visual inspection of that external surface area of the tank that is in the ground.

"Injection well" means a well into which fluids are injected. "Class I" injection wells include wells used by generators of hazardous wastes or owners or operators of hazardous waste management facilities to inject hazardous waste, other than Class IV wells. "Class IV" injection wells include wells used by generators of hazardous wastes or owners or operators of hazardous waste management facilities to dispose of hazardous wastes into or above a formation which within one quarter mile of the well contains an underground source of drinking water. (See also "underground injection".)

"Inner liner" means a continuous layer of material placed inside a tank or container which protects the construction materials of the tank or container from the contained waste or reagents used to treat the waste.

"In operation" refers to a facility which is treating, storing, or disposing of hazardous waste.

"Installation identification number" or "EPA identification number" means the number assigned to each generator, transporter, and treatment, storage, or disposal facility by the Department or EPA. For generators and facilities in Tennessee, and for transporters who pick up hazardous waste from, or deliver hazardous waste to, locations in Tennessee, references in these rules to their installation identification number or EPA identification number shall mean the number assigned by the Department. For other generators, transporters, and facilities, such references shall mean the number assigned by EPA or an authorized state program.

"Installation inspector" means a person who, by reason of his knowledge of the physical sciences and the principles of engineering, acquired by a professional education and related practical experience, is qualified to supervise the installation of tank systems.

"Interim authorization" means approval by EPA of State hazardous waste program which has met the requirements of Section 3006(g)(2) of RCRA and applicable requirements of 40 CFR Part 271, Subpart B.

"Intermediate" when used in the context of a chemical reaction means a chemical substance either formed by chemical reaction or is purchased and quantitatively introduced in a chemical reaction to support the formation of a product. Multiple intermediates may be associated with a chemical reaction.

"Intermediate facility" means any facility that stores hazardous secondary materials for more than 10 days, other than a hazardous secondary material generator or reclaimer of such material.

"International shipment" means the transportation of hazardous waste into or out of the jurisdiction of the United States.

"Lamp," means lamp as defined in subparagraph (1)(i) of Rule 0400-12-01-.12.

"Land-based unit" means an area where hazardous secondary materials are placed in or on the land before recycling. This definition does not include land-based production units.

"Land Disposal" when used with respect to a specified hazardous waste, shall be deemed to include, but not be limited to, any placement of such hazardous waste in a landfill, surface impoundment, waste pile, injection well, land treatment facility, salt dome formation, salt bed formation, or underground mine or cave.

"Landfill" means a disposal facility or part of a facility where hazardous waste is placed in or on land and which is not a pile, a land treatment facility, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground mine, a cave, or a corrective action management unit.

"Landfill cell" means a discrete volume of a hazardous waste landfill which uses a liner to provide isolation of wastes from adjacent cells or wastes. Examples of landfill cells are trenches and pits.

"Land treatment facility" means a facility or part of a facility at which hazardous waste is applied onto or incorporated into the soil surface; such facilities are disposal facilities if the waste will remain after closure.

"Large quantity handler of universal waste" means large quantity handler of universal waste as defined in subparagraph (1)(i) of Rule 0400-12-01-.12.

"Large quantity generator" is a generator who generates any of the following amounts in a calendar month:

"Leachate" means any liquid, including any suspended components in the liquid, that has percolated through or drained from hazardous waste.

"Leak-detection system" means a system capable of detecting the failure of either the primary or secondary containment structure or the presence of a release of hazardous waste or accumulated liquid in the secondary containment structure. Such a system must employ operational controls (e.g., daily visual inspections for releases into the secondary containment system of aboveground tanks) or consist of an interstitial monitoring device designed to detect continuously and automatically the failure of the primary or secondary containment structure or the presence of a release of hazardous waste into the secondary containment structure.

"Liner" means a continuous layer of natural or man-made materials, beneath or on the sides of a surface impoundment, landfill, or landfill cell, which restricts the downward or lateral escape of hazardous waste, hazardous waste constituents, or leachate.

"Major facility" means any facility or activity classified as such by the Regional Administrator, or, in the case of approved State programs, the Regional Administrator in conjunction with the State Director.

"Management" or "waste management" or "hazardous waste management" means the orderly control of storage, transportation, treatment, and disposal of hazardous waste.

"Manifest" means the shipping document EPA Form 8700-22 (including if necessary, EPA Form 8700-22A), or the electronic manifest originated and signed in accordance with the applicable requirements of Rules 0400-12-01-.03 through 0400-12-01-.06.

"Manifest tracking number" means the alphanumeric identification number (i.e., a unique three letter suffix preceded by nine numerical digits), which is pre-printed in Item 4 of the Manifest by a registered source.

"Mercury-containing equipment" means mercury-containing equipment as defined in subparagraph (1)(i) of Rule 0400-12-01-.12.

"Military munitions" means all ammunition products and components produced or used by or for the U.S. Department of Defense or the U.S. Armed Services for national defense and security, including military munitions under the control of the Department of Defense, the U.S. Coast Guard, the U.S. Department of Energy (DOE), and National Guard personnel. The term military munitions includes: confined gaseous, liquid, and solid propellants, explosives, pyrotechnics, chemical and riot control agents, smokes, and incendiaries used by DOD components, including bulk explosives and chemical warfare agents, chemical munitions, rockets, guided and ballistic missiles, bombs, warheads, mortar rounds, artillery ammunition, small arms ammunition, grenades, mines, torpedoes, depth charges, cluster munitions and dispensers, demolition charges, and devices and components thereof. Military munitions do not include wholly inert items, improvised explosive devices, and nuclear weapons, nuclear devices, and nuclear components thereof. However, the term does include non-nuclear components of nuclear devices, managed under DOE's nuclear weapons program after all required sanitization operations under the Atomic Energy Act of 1954, as amended, have been completed.

"Mining overburden returned to the mine site" means any material overlying an economic mineral deposit which is removed to gain access to that deposit and is then used for reclamation of a surface mine.

"Miscellaneous unit" means a hazardous waste management unit where hazardous waste is treated, stored, or disposed of and that is not a container, tank, surface impoundment, pile, land treatment unit, landfill, incinerator, boiler, industrial furnace, underground injection well with appropriate technical standards under 40 CFR part 146 (as that Federal Regulation exists on the effective date of these rules), containment building, corrective action management unit, unit eligible for a research, development, and demonstration permit under Rule 0400-12-01-.07(1)(g), or staging pile.

"Movement" means that hazardous waste transported to a facility in an individual vehicle.

"National Pollutant Discharge Elimination System" means the national program for issuing, modifying, revoking and reissuing, termination, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the CWA. The term includes an approved program.

"New hazardous waste management facility" or "new facility" means a facility which began operation, or for which construction commenced after October 31, 1980. (See also "existing hazardous waste management facility".)

"New tank system" or "new tank component" means a tank system or component that will be used for the storage or treatment of hazardous waste and for which installation has commenced after July 14, 1986; except, however, for purposes of Rules 0400-12-01-.05(10)(d) 7(ii) and .06(10)(d)7(ii), a new tank system is one for which construction commences after July 14, 1986. (See also "existing tank system.")

"No free liquids," as used in subparts (1)(d)1(xxvi) and (1)(d)2(xviii) of Rule 0400-12-01-.02, means that solvent-contaminated wipes may not contain free liquids as determined by Method 9095B (Paint Filter Liquids Test), included in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods" (EPA Publication SW-846), which is incorporated by reference in subparagraph (b) of this paragraph, and that there is no free liquid in the container holding the wipes.

"Non-acute hazardous waste" means all hazardous wastes that are not acute hazardous waste, as defined in this subparagraph.

"NPDES" means National Pollutant Discharge Elimination System.

"Off-site" means any site which is not on-site.

"On ground tank" means a device meeting the definition of "tank" in this subparagraph and that is situated in such a way that the bottom of the tank is on the same level as the adjacent surrounding surface so that the external tank bottom cannot be visually inspected.

"On-site" means the same or geographically contiguous property which may be divided by public or private right-of-way, provided the entrance and exit between the properties is at a cross-roads intersection, and access is by crossing as opposed to going along the right-of-way. Non-contiguous properties owned by the same person but connected by a right-of-way which he controls and to which the public does not have access, are also considered on-site property.

"On-site wastewater treatment units" are those which receive solely wastes generated on-site (according to the definition of "on-site" found in this subparagraph). "Off-site wastewater treatment units" are those which receive wastes generated by facilities that are not on-site.

"Open burning" means the combustion of any material without the following characteristics:

"Operator" means the person responsible for the overall operation of a facility.

"Owner" means the person who owns a facility or part of a facility.

"Partial closure" means the closure of a hazardous waste management unit in accordance with the applicable closure requirements of Rules 0400-12-01-.05 and 0400-12-01-.06 at a facility that contains other active hazardous waste management units. For example, partial closure may include the closure of a tank (including its associated piping and underlying containment systems), landfill cell, surface impoundment, waste pile, or other hazardous waste management unit, while other units of the same facility continue to operate.

"Permit" means an authorization, license, or equivalent control document issued by the Commissioner to implement the requirements of Rule 0400-12-01-.07. Permit includes permit-by-rule (Rule 0400-12-01-.07(1)(c)), and emergency permit (Rule 0400-12-01-.07(1)(d)). Permit does not include interim status (Rule 0400-12-01-.07(3)), or any permit which has not been the subject of final agency action, such as a draft permit or a proposed permit.

"Permit-by-rule" means a provision of these regulations stating that a facility or activity is deemed to have a permit if it meets the requirements of the provision.

"Person" means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, state, municipality, commission, political subdivision of a state, any interstate body, and governmental agency of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government.

"Personnel" or "facility personnel" means all persons who work at, or oversee the operations of, a hazardous waste facility, and whose actions or failure to act may result in noncompliance with the requirements of Rules 0400-12-01-.05 or 0400-12-01-.06.

"Pesticide" means pesticide as defined in subparagraph (1)(i) of Rule 0400-12-01-.12.

"Physical construction" means excavation, movement of earth, erection of forms or structures, or similar activity to prepare an HWM facility to accept hazardous waste.

"Pile" means any non-containerized accumulation of solid, nonflowing hazardous waste that is used for treatment or storage and that is not a containment building.

"Plasma arc incinerator" means any enclosed device using a high intensity electrical discharge or arc as a source of heat followed by an afterburner using controlled flame combustion and which is not listed as an industrial furnace.

"Point source" means any discernible, confined, and discrete conveyance, including, but not limited to any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock, concentrated animal feeding operation, or vessel or other floating craft, from which pollutants are or may be discharged. This term does not include return flows from irrigated agriculture.

"Pollution Prevention" means source reduction as defined under the Pollution Prevention Act (42 U.S.C. 13101-13109) . The definition is as follows:

"PSC" which means the Tennessee Public Service Commission, was abolished. Pertinent functions are now handled by the "Tennessee Regulatory Commission."

"Publicly owned treatment works" or "POTW" means any device or system used in the treatment (including recycling and reclamation) of municipal sewage or industrial wastes of a liquid nature which is owned by the "State" or a "municipality" (as defined by Section 502(4) of CWA). This definition includes sewers, pipes, or other conveyances only if they convey wastewater to a POTW providing treatment.

"Qualified Ground-Water Scientist" means a scientist or engineer who has received a baccalaureate or post-graduate degree in the natural sciences or engineering, and has sufficient training and experience in ground-water hydrology and related fields as may be demonstrated by state registration, professional certifications, or completion of accredited university courses that enable that individual to make sound professional judgments regarding ground-water monitoring and contaminant fate and transport.

"RCRA" means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 (Pub. L. 94-580, as amended by Pub. L. 95-609 and Pub. L. 96-482, 42 U.S.C. 6901 et seq.)

"RCRA permit," "Part B permit" or "RCRA Part B permit" means a permit, as defined in this subparagraph, and includes an authorization, license, or equivalent control document issued by EPA or an authorized state pursuant to 40 CFR Parts 270 and 124 or comparable rules of an EPA authorized state.

"Reclaimed" means reclaimed as defined in subpart (1)(a)3(iv) of Rule 0400-12-01-.02.

"Recognized trader" means a person domiciled in the United States, by site of business, who acts to arrange and facilitate transboundary movements of wastes destined for recovery or disposal operations, either by purchasing from and subsequently selling to United States and foreign facilities, or by acting under arrangements with a United States waste facility to arrange for the export or import of the wastes.

"Recycled" means recycled as defined in subpart (1)(a)3(vii) of Rule 0400-12-01-.02.

"Regional Administrator" means the Regional Administrator for the EPA Region in which the facility is located, or his designee.

"Registered engineer" or "registered professional engineer" refers to a person authorized to perform engineering in Tennessee pursuant to Tennessee Code Annotated, Title 62, Chapter 2.

"Remanufacturing" means processing a higher-value hazardous secondary material in order to manufacture a product that serves a similar functional purpose as the original commercial-grade material. For the purpose of this definition, a hazardous secondary material is considered higher-value if it was generated from the use of a commercial-grade material in a manufacturing process and can be remanufactured into a similar commercial-grade material.

"Remedial Action Plan (RAP)" means a special form of RCRA permit that a facility owner or operator may obtain instead of a permit issued under paragraphs (1), (2), and (4)-(9) of Rule 0400-12-01-.07, to authorize the treatment, storage or disposal of hazardous remediation waste (as defined in this subparagraph) at a remediation waste management site.

"Remediation waste" means all solid and hazardous wastes, and all media (including groundwater, surface water, soils, and sediments) and debris, that are managed for implementing cleanup.

"Remediation waste management site" means a facility where an owner or operator is or will be treating, storing or disposing of hazardous remediation wastes. A remediation waste management site is not a facility that is subject to corrective action under Rule 0400-12-01-.06(6)(l), but is subject to corrective action requirements if the site is located in such a facility.

"Replacement unit" means a landfill, surface impoundment, or waste pile unit (1) from which all or substantially all of the waste is removed, and (2) that is subsequently reused to treat, store, or dispose of hazardous waste. "Replacement unit" does not apply to a unit from which waste is removed during closure, if the subsequent reuse solely involves the disposal of waste from that unit and other closing units or corrective action areas at the facility, in accordance with an approved closure plan or EPA or State approved corrective action.

"Representative sample" means a sample of a universe or whole (e.g., waste pile, lagoon, ground water) which can be expected to exhibit the average properties of the universe or whole.

"Run-off" means any rainwater, leachate, or other liquid that drains over land from any part of a facility.

"Run-on" means any rainwater, leachate, or other liquid that drains over land onto any part of a facility.

"Saturated zone" or "zone of saturation" means that part of the earth's crust in which all voids are filled with water.

"Schedule of compliance" means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements (for example, actions, operations, or milestone events) leading to compliance with the Act and regulations.

"SDWA" means the Safe Drinking Water Act (Pub. L. 95-523, as amended by Pub. L. 95-1900; 42 U.S.C. 3001 et seq.)

"Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.

"Sludge" means any solid, semi-solid, or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control facility exclusive of the treated effluent from a wastewater treatment plant.

"Sludge dryer" means any enclosed thermal treatment device that is used to dehydrate sludge and that has a maximum total thermal input, excluding the heating value of the sludge itself, of 2,500 Btu/lb of sludge treated on a wet-weight basis.

"Small Quantity Generator" is a generator who generates the following amounts in a calendar month:

"Small quantity handler of universal waste" means small quantity handler of universal waste as defined in subparagraph (1)(i) of Rule 0400-12-01-.12.

"Solid waste" means a waste as defined in Rule 0400-12-01-.02(1)(b).

"Solvent-contaminated wipe" means:

"Treatment" means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste, or so as to recover energy or material resources from the waste, or so as to render such waste non-hazardous, or less hazardous; safer to transport, store, or dispose of; or amenable for recovery, amenable for storage, or reduced in volume.

"Treatment zone" means a soil area of the unsaturated zone of a land treatment unit within which hazardous waste constituents are degraded, transformed, or immobilized.

"24-hour, 25-year storm" means a storm of 24-hour duration with a probable recurrence interval of once in 25 years.

"UIC" means the Underground Injection Control Program under Part C of the Safe Drinking Water Act, including an approved program.

"Underground injection" means the subsurface emplacement of fluids through a bored, drilled or driven well; or through a dug well, where the depth of the dug well is greater than the largest surface dimension. (See also "injection well".)

"Underground source of drinking water (USDW)" means an aquifer or its portion:

"Underground tank" means a device meeting the definition of "tank" in this subparagraph whose entire surface area is totally below the surface of and covered by the ground.

"Unfit-for-use tank system" means a tank system that has been determined through an integrity assessment or other inspection to be no longer capable of storing or treating hazardous waste without posing a threat of release of hazardous waste to the environment.

"United States" means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

"Universal waste" means universal waste as defined in subparagraph (1)(i) of Rule 0400-12-01-.12.

"Universal waste handler" means universal waste handler as defined in subparagraph (1)(i) of Rule 0400-12-01-.12.

"Universal waste transfer facility" means universal waste transfer facility as defined in subparagraph (1)(i) of Rule 0400-12-01-.12.

"Universal waste transporter" means universal waste transporter as defined in subparagraph (1)(i) of Rule 0400-12-01-.12.

"Unsaturated zone" or "zone of aeration" means the zone between the land surface and the water table.

"Uppermost aquifer" means the geologic formation nearest the natural ground surface that is an aquifer, as well as lower aquifers that are hydraulically interconnected with this aquifer within the facility's property boundary.

"Used oil" means any oil that has been refined from crude oil, or any synthetic oil, that has been used and as a result of such use is contaminated by physical or chemical impurities.

"User of the electronic manifest system" means a hazardous waste generator, a hazardous waste transporter, an owner or operator of a hazardous waste treatment, storage, recycling, or disposal facility, or any other person that:

"Very small quantity generator" is a generator who generates less than or equal to the following amounts in a calendar month:

"Vessel" includes every description of watercraft, used or capable of being used as a means of transportation on the water.

"Waste" means a solid waste as defined in Rule 0400-12-01-.02(1)(b).

"Wastewater treatment unit" means a device which:

"Water (bulk shipment)" means the bulk transportation of hazardous waste which is loaded or carried on board a vessel without containers or labels.

"Water Quality Control Act" means the Water Quality Control Act of 1977, as amended, T.C.A. §§ 69-3-101 et seq.

"Weekly" means at least once every seven calendar days.

"Well" means any shaft or pit dug or bored into the earth, generally of a cylindrical form, and often walled with bricks or tubing to prevent the earth from caving in.

"Well injection": (See "underground injection".) "Wipe" means a woven or non-woven shop towel, rag, pad, or swab made of wood pulp, fabric, cotton, polyester blends, or other material.

"Zone of engineering control" means an area under the control of the owner/operator that, upon detection of a hazardous waste release, can be readily cleaned up prior to the release of hazardous waste or hazardous constituents to ground water or surface water.

(b) References [40 CFR 260.11 and 40 CFR 270.6]

(a) American Petroleum Institute (API). 1220 L Street Northwest, Washington, DC 20005, (855) 999-9870, www.api.org.

(b) ASTM International (ASTM). 100 Barr Harbor Drive, P.O. Box C700, West Conshohocken, PA 19428-2959, (877) 909-ASTM, www.astm.org.

(c) Environmental Protection Agency (EPA). Material cited in paragraphs (d)(1) through (3) is available from: National Technical Information Service, 5285 Port Royal Road, Springfield, VA 22161; the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800; EPA's National Service Center for Environmental Publications at https://www.epa.gov/nscep. Material cited in paragraph (d)(4) of this section is available at https://www.epa.gov/hw-sw846.

(d) National Fire Protection Association (NFPA). 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101, (800) 344-3555, www.nfpa.org/.

(e) Organization for Economic Cooperation and Development (OECD). Economic Cooperation and Development, Environment Directorate, 2 rue André Pascal, F-75775 Paris Cedex 16, France, www.oecd-ilibrary.org/.

(a) When used in part 270 of this chapter, the following publications are incorporated by reference. These incorporations by reference were approved by the Director of the Federal Register pursuant to 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of approval and a notice of any change in these materials will be published in the Federal Register. Copies may be inspected at the Library, U.S. Environmental Protection Agency, 1200 Pennsylvania Ave., NW., (3403T), Washington, DC 20460, libraryhq@epa.gov; or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to:

http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

(b) The following materials are available for purchase from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, VA 22161, (703) 605-6000 or (800) 553-6847; or for purchase from the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402, (202) 512-1800:

(a) General [40 CFR 260.20]

(b) Petitions for Equivalent Testing or Analytical Methods [40 CFR 260.21]

Petitions received by the Commissioner regarding Equivalent Testing or Analytical Methods shall be forwarded to EPA for a determination.

(Note: The authority for implementing this subparagraph remains with the U.S. Environmental Protection Agency.)

(c) Petitions to Exclude a Waste Produced at a Particular Facility as Nonhazardous [40 CFR 260.22]

Petitions received by the Commissioner regarding Excluding a Waste Produced at a Particular Facility as Nonhazardous shall be forwarded to EPA for a determination.

(Note: The authority for implementing this subparagraph remains with the U.S. Environmental Protection Agency.)

(d) Petitions to Amend Rule 0400-12-01-.12 to Include Additional Hazardous Wastes as Universal Wastes [40 CFR 260.23]

(a) Requirements for General Variances

(b) Non-waste determinations and variances from classification as a solid waste [40 CFR 260.30]

In accordance with the standards and criteria in subparagraphs (c) and (e) of this paragraph and the procedures in subparagraph (g) of this paragraph, the Commissioner may determine on a case-by-case basis that the following recycled materials are not solid wastes:

(c) Standards and Criteria for Variances from Classification as a Solid Waste [40 CFR 260.31]

(d) Variance to be classified as a boiler [40 CFR 260.32]

In accordance with the standards and criteria in subparagraph (2)(a) of this rule (definition of "boiler") and the procedures in subparagraph (g) of this paragraph, the Commissioner may determine on a case-by-case basis that certain enclosed devices using controlled flame combustion are boilers, even though they do not otherwise meet the definition of boiler contained in subparagraph (2)(a) of this rule, after considering the following criteria:

(e) Standards and criteria for non-waste determinations [40 CFR 260.34]

(f) Reserved.

(g) Procedures for variances from classification as a solid waste, for variances to be classified as a boiler, and for non-waste determinations [40 CFR 260.33]

The Commissioner will use the following procedures in evaluating applications for variances from classification as a waste, applications to classify particular enclosed controlled flame combustion devices as boilers, and applications for non-waste determinations.

(a) Additional Regulation of Certain Hazardous Waste Recycling Activities on a Case-by-Case Basis [40 CFR 260.40]

The Commissioner may decide on a case-by-case basis that persons accumulating or storing the recyclable materials described in Rule 0400-12-01-.02(1)(f) 1(ii)(III) should be regulated under Rule 0400-12-01-.02(1)(f) 2 and 3. The basis for this decision is that the materials are being accumulated or stored in a manner that does not protect human health and the environment because the materials or their toxic constituents have not been adequately contained, or because the materials being accumulated or stored together are incompatible. In making this decision, the Commissioner will consider the following factors:

(b) Procedures for Case-by-Case Regulation of Hazardous Waste Recycling Activities [40 CFR 260.41]

The Commissioner will use the following procedures when determining whether to regulate hazardous waste recycling activities described in Rule 0400-12-01-.02(1)(f) 1(ii)(III) under the provisions of Rule 0400-12-01-.02(1)(f) 2 and 3, rather than under the provisions of Rule 0400-12-01-.09(6).

(c) Notification requirement for hazardous secondary materials. [40 CFR 260.42]

(d) Legitimate recycling of hazardous secondary materials [40 CFR 260.43]

(a) General

(b) Responsibilities

(c) Procedures

(d) Transmittal Outside Department Offices

Proprietary Information shall not be transmitted outside Department offices without the approval of the Commissioner and such information must be transmitted by the document control officer in accordance with part (c)2 of this paragraph. The person submitting the Proprietary Information shall be notified when such occurs.

(e) Release to EPA

Notwithstanding any requirement of this paragraph seemingly to the contrary, Proprietary Information may be released to the U.S. Environmental Protection Agency in connection with the Commissioner's or Board's implementation or his or its responsibilities pursuant to the Act or as necessary to comply with federal law. Any such release of Proprietary Information to EPA, however, will be made with a confidentiality claim and shall be accompanied by the written statement received by the Department pursuant to subpart (a)2(viii) of this paragraph. Any transmittal of Proprietary Information to EPA shall be subject to the requirements of subparagraph (d) of this paragraph. The Commissioner shall notify the submitter of Proprietary Information of the release of such information to EPA as soon as practicable - to be no later than 5 days after such release - following receipt of EPA's request for the information.

(a) The Division will respond to all requests for records within 20 days after the date of receipt of such requests.

(b) If a facility does not assert a claim of proprietary information at the first opportunity provided by the Division, the Division may release the information without further notice to the facility. In addition, in the case of any information submitted in connection with a permit, permit application or interim status under Rules 0400-12-01-.05, .06, and .07, any facility proprietary information claim must be asserted at the time of submission of the information to the Division.

(c) If a proprietary information claim is asserted and cannot be resolved in the time period provided for the Division's response to a request, the requestor will be notified of the proprietary information claim within the maximum 20-day time limit provided for the Division's response. In addition, the requestor must be told that the Division has denied the request in order to resolve the proprietary information claim.

(a) In order to protect public health, safety and welfare, to prevent degradation of the environment, conserve natural resources and provide a coordinated statewide hazardous waste management program it is necessary to manage and retain records. These records shall be managed in accordance with Chapter 1210-01 Rules of Public Records Commission.

(b) As defined by paragraph (2) of Rule 1210-01-.02, permanent records have permanent administrative, fiscal, historical or legal value. The following types of records generated by or received by the Department while fulfilling its duties under T.C.A. §§ 68-212-101 et seq., and Chapter 0400-12-01 Hazardous Waste Management shall be managed as permanent records: