HSM Recycling LegitimacyDocumentation of Legitimate Recycling
Under the Revised Definition of Solid Waste, facilities that recycle or reclaim hazardous secondary materials must document the legitimacy of these activities under the Generator-Controlled Exclusion of Tennessee Rule 0400-12-01-.02(d)(xiii) or the Verified Recycler Exclusion of 0400-12-01-.02(d)(xxiv). The recycling must meet all four legitimacy factors in Tennessee Rule 0400-12-01-.02(5)(d) (revision effective August 7, 2017):
1. Legitimate recycling must involve a hazardous secondary material that provides a useful contribution to the recycling process or to a product or intermediate of the recycling process.
2. The recycling process must produce a valuable product or intermediate.
3. The generator and the recycler must manage the hazardous secondary material as a valuable commodity when it is under their control.
4. The product of the recycling process must be comparable to a legitimate product or intermediate.
Documentation of legitimacy must be maintained on site and for a period of three years after recycling or reclamation operations have concluded. TDEC has developed a template for this legitimacy documentation, adapted from the U.S. EPA format for documenting legitimacy.