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-.04 - REQUIREMENTS APPLICABLE TO TRANSFER FACILITIES AND PERMIT REQUIREMENTS AND STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE

(i) Transports hazardous waste into the state from a foreign country (except for the notification requirements of Rule 0400-12-01-.03(2) ); or

(ii) Mixes hazardous wastes of different DOT shipping descriptions by placing them into a single container.

(i) The operator of a hazardous waste transfer facility shall maintain a log of all shipments of hazardous waste entering and leaving the facility.

(ii) The log required by subpart (i) of this part shall be developed by the owner or operator of the transfer facility and shall contain, at a minimum, the following information for each shipment:

(iii) The information required by subpart (ii) of this part shall be retained for a period of three years and made available for review by the Commissioner.

(i) Subparagraph (2)(g) of Rule 0400-12-01-.05, Personnel Training;

(ii) Paragraph (9) of Rule 0400-12-01-.05, Use and Management of Containers, except subparagraphs (9)(e) and (i) of Rule 0400-12-01-.05; and

(iii) Subparagraph (2)(e) of Rule 0400-12-01-.05, Security.

(i) The words "Hazardous Waste"; and

(ii) The applicable EPA hazardous waste number(s) (hazardous waste codes) in paragraphs (3) and (4) of Rule 0400-12-01-.02, or in compliance with part (4)(c)3 of Rule 0400-12-01-.03.

(i) The Commissioner shall issue the permit within 15 days following his receipt of a new permit application (not a renewal), unless such application is by a person that (1) had previously held a permit that was terminated by the Commissioner for violation of the requirements of these rules, or (2) had been operating as a transporter in violation of the permit requirement of this paragraph. Such persons shall not be issued a permit unless and until they demonstrate, to the satisfaction of the Commissioner, their willingness and capability to comply with the Act and these rules.

(ii) The Commissioner shall issue the permit for a renewal by January 31 following his receipt of the permit renewal application, unless such application is by a person that (1) had previously held a permit that was terminated by the Commissioner for violation of the requirements of these rules, or (2) had been operating as a transporter in violation of the permit requirement of this paragraph. Such persons shall not be issued a permit unless and until they demonstrate, to the satisfaction of the Commissioner, their willingness and capability to comply with the Act and these rules.

(i) The Commissioner shall terminate a transporter permit within 10 days of receiving a request from the transporter to do so.

(ii) The Commissioner, after notifying the transporter and providing him with the opportunity to be heard on the matter, may by order terminate the permit of any transporter upon his violation of one or more of the applicable requirements of this Chapter or Chapter 0400-15-01.

(i) Manifest requirement.

A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest form (EPA Form 8700-22, and if necessary, EPA Form 8700-22A) signed in accordance with the requirements of subparagraph (3)(d) of Rule 0400-12-01-.03, or is provided with an electronic manifest that is obtained, completed, and transmitted in accordance with subpart (3)(a)1.(iii) of Rule 0400-12-01-.03, and signed with a valid and enforceable electronic signature as described in subparagraph (3)(f) of Rule 0400-12-01-.03.

(ii) Exports.

For exports of hazardous waste subject to the requirements of paragraph (9) of Rule 0400-12-01-.03, a transporter may not accept hazardous waste without a manifest signed by the generator in accordance with this paragraph, as appropriate, and for exports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required by part (9)(d)4 of Rule 0400-12-01-.03.

(iii) Compliance date for form revisions.

The revised Manifest form and procedures in subparagraph (2)(a) of Rule 0400-12-01-.01, subparagraph (1)(g) of Rule 0400-12-01-.02, this subparagraph and subparagraph (b) of this paragraph had an effective date of September 5, 2006. The Manifest form and procedures in subparagraph (2)(a) of Rule 0400-12-01-.01, subparagraph (1)(g) of Rule 0400-12-01-.02, this subparagraph and subparagraph (b) of this paragraph, contained in the Rules 0400-12-01-.01 through 0400-12-01-.06, in effect as of July 1, 2004, were applicable until September 5, 2006.

(iv) Use of electronic manifest-legal equivalence to paper forms for participating transporters.

Electronic manifests that are obtained, completed, and transmitted in accordance with subpart (3)(a)1.(iii) of Rule 0400-12-01-.03, and used in accordance with this subpart in lieu of EPA Forms 8700-22 and 8700-22A, are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign, carry, provide, give, use, or retain a manifest.

(v) A transporter may participate in the electronic manifest system either by accessing the electronic manifest system from the transporter's own electronic equipment, or by accessing the electronic manifest system from the equipment provided by a participating generator, by another transporter, or by a designated facility.

(vi) Special procedures when electronic manifest is not available.

If after a manifest has been originated electronically and signed electronically by the initial transporter, and the electronic manifest system should become unavailable for any reason, then:

(vii) Special procedures for electronic signature methods undergoing tests.

If a transporter using an electronic manifest signs this manifest electronically using an electronic signature method which is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the transporter shall sign the electronic manifest electronically and also sign with an ink signature the transporter acknowledgement of receipt of materials on the printed copy of the manifest that is carried on the vehicle in accordance with item (iv)(III) of this part. This printed copy bearing the generator's and transporter's ink signatures shall also be presented by the transporter to the designated facility to sign in ink to indicate the receipt of the waste materials or to indicate discrepancies. After the owner or operator of the designated facility has signed this printed manifest copy with its ink signature, the printed manifest copy shall be delivered to the designated facility with the waste materials.

(viii) Reserved.

(ix) Post-receipt manifest data corrections. After facilities have certified to the receipt of hazardous wastes by signing Item 20 of the manifest, any postreceipt data corrections may be submitted at any time by any interested person (e.g., waste handler) named on the manifest. Transporters may participate electronically in the post-receipt data corrections process by following the process described in part (5)(b)12 of Rule 0400-12-01-.06, which applies to corrections made to either paper or electronic manifest records.

(i) Obtain the date of delivery and the handwritten signature of that transporter or of the owner or operator of the designated facility on the manifest; and

(ii) Retain one copy of the manifest in accordance with subparagraph (c) of this paragraph; and

(iii) Give the remaining copies of the manifest to the accepting transporter or designated facility.

(i) The hazardous waste is delivered by water (bulk shipment) to the designated facility; and

(ii) A shipping paper containing all the information required on the manifest (excluding the EPA identification numbers, generator certification, and signatures) and, for exports or imports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required by part (9)(d)4 of Rule 0400-12-01-.03 or part (9)(e)4 of Rule 0400-12-01-.03 accompanies the hazardous waste; and

(iii) The delivering transporter obtains the date of delivery and handwritten signature of the owner or operator of the designated facility on either the manifest or the shipping paper; and

(iv) The person delivering the hazardous waste to the initial water (bulk shipment) transporter obtains the date of delivery and signature of the water (bulk shipment) transporter on the manifest and forwards it to the designated facility; and

(v) A copy of the shipping paper or manifest is retained by each water (bulk shipment) transporter in accordance with subparagraph (c) of this paragraph.

(i) When accepting hazardous waste from a non-rail transporter, the initial rail transporter must:

(ii) Rail transporters must ensure that a shipping paper containing all the information required on the manifest (excluding the EPA identification number, generator certification, and signatures) and, for exports or imports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required by part (9)(d)4 of Rule 0400-12-01-.03 or part (9)(e)4 of Rule 0400-12-01-.03 accompanies the hazardous waste at all times.

(Note: Intermediate rail transporters are not required to sign the manifest, movement document, or shipping paper.)

(iii) When delivering hazardous waste to the designated facility, a rail transporter must:

(iv) When delivering hazardous waste to a non-rail transporter a rail transporter must:

(v) Before accepting hazardous waste from a rail transporter, a non-rail transporter must sign and date the manifest and provide a copy to the rail transporter.

(i) Sign and date the manifest in the International Shipments block to indicate the date that the shipment left the United States; and

(ii) Retain one copy in accordance with part (c)4. of this subparagraph; and

(iii) Return a signed copy of the manifest to the generator; and

(iv) For paper manifests only,

(i) The waste is being transported pursuant to a reclamation agreement as provided for in Rule 0400-12-01-.03(3)(a) 5.;

(ii) The transporter records, on a log or shipping paper, the following information for each shipment:

(iii) The transporter carries this record when transporting waste to the reclamation facility; and

(iv) The transporter retains these records for a period of at least three years after termination or expiration of the agreement.

(i) The designated facility listed on the manifest; or

(ii) The alternate designated facility, if the hazardous waste cannot be delivered to the designated facility because an emergency prevents delivery; or

(iii) The next designated transporter; or

(iv) The place outside the United States designated by the generator.

(i) Emergency condition. If the hazardous waste cannot be delivered in accordance with subpart 1(i), (ii), or (iv) of this subparagraph because of an emergency condition other than rejection of the waste by the designated facility or alternate designated facility, then the transporter must contact the generator for further instructions and must revise the manifest according to the generator's instructions.

(ii) Transporters without agency authority. If the hazardous waste is not delivered to the next designated transporter in accordance with subpart 1(iii) of this subparagraph, and the current transporter is without contractual authorization from the generator to act as the generator's agent with respect to transporter additions or substitutions, then the current transporter must contact the generator for further instructions prior to making any revisions to the transporter designations on the manifest. The current transporter may thereafter make such revisions if:

(iii) Transporters with agency authority. If the hazardous waste is not delivered to the next designated transporter in accordance with subpart 1(iii) of this subparagraph, and the current transporter has authorization from the generator to act as the generator's agent, then the current transporter may change the transporter(s) designated on the manifest, or add a new transporter, during transportation without the generator's prior, explicit approval, provided that:

(iv) Generator liability. The grant by a generator of authority to a transporter to act as the agent of the generator with respect to changes to transporter designations under subpart 2(iii) of this subparagraph does not affect the generator's liability or responsibility for complying with any applicable requirement under Chapter 0400-12-01, or grant any additional authority to the transporter to act on behalf of the generator.

(i) For a partial load rejection or for regulated quantities of container residues, a copy of the original manifest that includes the facility's date and signature and the Manifest Tracking Number of the new manifest that will accompany the shipment, and a description of the partial rejection or container residue in the discrepancy block of the original manifest. The transporter must retain a copy of this manifest in accordance with subparagraph (c) of this paragraph and give the remaining copies of the original manifest to the rejecting designated facility. If the transporter is forwarding the rejected part of the shipment or a regulated container residue to an alternate facility or returning it to the generator, the transporter must obtain a new manifest to accompany the shipment, and the new manifest must include all of the information required in subparts (5)(c)5(i) through (vi) of Rule 0400-12-01-.06, or subparts 6(i) through (vi) of Rule 0400-12-01-.06 or subparts (5)(c)5(i) through (vi) of Rule 0400-1201-.05 or subparts 6(i) through (vi) of Rule 0400-12-01-.05.

(ii) For a full load rejection that will be taken back by the transporter, a copy of the original manifest that includes the rejecting facility's signature and date attesting to the rejection, the description of the rejection in the discrepancy block of the manifest, and the name, address, phone number, and Identification Number for the alternate facility or generator to whom the shipment must be delivered. The transporter must retain a copy of the manifest in accordance with subparagraph (c) of this paragraph and give a copy of the manifest containing this information to the rejecting designated facility. If the original manifest is not used, then the transporter must obtain a new manifest for the shipment and comply with subparts (5)(c)5(i) through (vi) of Rule 0400-12-01-.06 or subparts (5)(c)5(i) through (vi) of Rule 0400-12-01-.05.

(i) The initial rail transporter must keep a copy of the manifest and shipping paper with all the information required in subpart (a)6.(ii) of this paragraph for a period of three years from the date the hazardous waste was accepted by the initial transporter; and

(ii) The final rail transporter must keep a copy of the signed manifest (or the shipping paper if signed by the designated facility in lieu of the manifest) for a period of three years from the date the hazardous waste was accepted by the initial transporter.

(Note: Intermediate rail transporters are not required to keep records pursuant to these regulations.)

(i) Name of person reporting the spill;

(ii) Name and address of transporter involved;

(iii) Name and address of generator;

(iv) Telephone number where reporter can be contacted;

(v) Date, time, and location of incident (indicate pollution of land, water, air, or public water supply, if known);

(vi) Type of incident (e.g., fire, spillage);

(vii) Description (including hazard class) and quantity of hazardous waste involved, to the extent available;

(viii) Type of transport vehicle and mode; and

(ix) The extent of injuries, if any.

(Note: Under DOT regulations ( 49 CFR 171.15 and 171.16 ), the transporter may also be required to give notice to the National Response Center at 800-424-8802 or 202-426-2675 and report in writing to DOT.)