Step 1:
Determine if the Material is a Solid Waste
The first step is to determine if the material being evaluated is classified as a solid waste. If the material is NOT a solid waste, it cannot be a hazardous waste.
Solid Waste is defined in Rule 0400-12-01-.02(1)(b):
A “solid waste” is any discarded material that is not excluded by part (d)1 of this paragraph or that is not excluded by variance granted under subparagraphs (4)(b) and (c) of Rule 0400-12-01-.01 or that is not excluded by a non-waste determination under subparagraphs (4)(b) and (e) of Rule 0400-12-01-.01.
Note:
The definition of solid waste is not limited to wastes that are physically solid. Many solid wastes are liquid, semi-solid, or contained gaseous material.
Disclaimer: The information provided by this matrix is not intended to be all inclusive and is subject to change. This matrix is not a substitute for evaluation of compliance in accordance with all applicable laws and regulations. This information is not intended for, nor can it be relied upon, to create any rights, substantive or procedural, enforceable or useable by any party in litigation with the State of Tennessee or its employees. The State of Tennessee and its employees expressly disclaim any liability or responsibility for any loss or damage resulting from their use or for the violation of any law or regulation with which these notes may conflict.