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Step 3

Check for Hazardous Waste Exclusions

You have indicated the solid waste is hazardous due to Listings and/or Characteristics. You should evaluate whether the Hazardous Waste is Excluded from being a Hazardous Waste per Rule 0400-12-01-.02(1)(d)2.

Rule 0400-12-01-.02(1)(d)2. Wastes Which Are Not Hazardous Wastes

The following wastes are not hazardous wastes:

(i) Household waste, including household waste that has been collected,
transported, stored, treated, disposed, recovered (e.g., refuse-derived fuel)
or reused. “Household waste” means any material (including garbage,
trash and sanitary wastes in septic tanks) derived from households
(including single and multiple residences, hotels and motels, bunkhouses,
ranger stations, crew quarters, campgrounds, picnic grounds and day-use
recreation areas). A resource recovery facility managing municipal waste
shall not be deemed to be treating, storing, disposing of, or otherwise
managing hazardous wastes for the purposes of regulation under Chapter
0400-12-01, if such facility:

(I) Receives and burns only

I. Household waste (from single and multiple dwellings, hotels,
motels, and other residential sources) and

II. Waste from commercial or industrial sources that does not
contain hazardous waste; and

(II) Such facility does not accept hazardous wastes and the owner or
operator of such facility has established contractual requirements or
other appropriate notification or inspection procedures to assure that
hazardous wastes are not received at or burned in such facility.

(ii) The following wastes generated within a farm and incidental to the
operation of that farm: 

(I) Wastes from the growing and harvesting of agricultural crops or from
the raising of animals (including animal manures), which are
returned to the soil as fertilizers; and [40 CFR 261.4(b)(2)]

(II) Waste pesticides, provided the farmer triple-rinses each emptied
pesticide container (using a capable solvent) and disposes of the
pesticide residues on his own farm in a manner consistent with the
disposal instructions on the pesticide label. [40 CFR 262.70]

(iii) Mining overburden returned to the mine site.

(iv)        (I) Fly ash waste, bottom ash waste, slag waste, and flue gas emission
             control waste, generated primarily from the combustion of coal or
             other fossil fuels, except as provided by subparagraph (8)(m) of Rule
             0400-12-01-.09 for facilities that burn or process hazardous waste.

(II) The following wastes generated primarily from processes that
support the combustion of coal or other fossil fuels that are co-
disposed with the wastes in item (I) of this subpart, except as
provided by subparagraph (8)(m) of Rule 0400-12-01-.09 for facilities
that burn or process hazardous waste:

I. Coal pile run-off. For purposes of this subitem, coal pile run-off
means any precipitation that drains off coal piles.

II. Boiler cleaning solutions. For purposes of this subitem, boiler
cleaning solutions means water solutions and chemical
solutions used to clean the fire-side and water-side of the
boiler.

III. Boiler blowdown. For purposes of this subitem, boiler
blowdown means water purged from boilers used to generate
steam.

IV. Process water treatment and demineralizer regeneration
wastes. For purposes of this subitem, process water treatment
and demineralizer regeneration wastes means sludges, rinses,
and spent resins generated from processes to remove
dissolved gases, suspended solids, and dissolved chemical
salts from combustion system process water.

V. Cooling tower blowdown. For purposes of this subitem, cooling
tower blowdown means water purged from a closed cycle
cooling system. Closed cycle cooling systems include cooling
towers, cooling ponds, or spray canals.

VI. Air heater and precipitator washes. For purposes of this
subitem, air heater and precipitator washes means wastes
from cleaning air preheaters and electrostatic precipitators.

VII. Effluents from floor and yard drains and sumps. For purposes
of this subitem, effluents from floor and yard drains and sumps
means wastewaters, such as wash water, collected by or from
floor drains, equipment drains, and sumps located inside the
power plant building; and wastewaters, such as rain runoff, 
collected by yard drains and sumps located outside the power
plant building.

VIII. Wastewater treatment sludges. For purposes of this subitem,
wastewater treatment sludges refers to sludges generated
from the treatment of wastewaters specified in subitems I
through VI of this item.

(v) Drilling fluids, produced waters, and other wastes associated with the
exploration, development, or production of crude oil, natural gas or
geothermal energy.

(vi)       (I) Wastes which fail the test for the Toxicity Characteristic because
            chromium is present or are listed in paragraph (4) of this rule due to
            the presence of chromium, which do not fail the test for the Toxicity
            Characteristic for any other constituent or are not listed due to the
            presence of any other constituent, and which do not fail the test for
            any other characteristic, if a waste generator demonstrates to the
            satisfaction of the Director, by submitting an evaluation request and
            supporting documentation, that:

I. The chromium in the waste is exclusively (or nearly
exclusively) trivalent chromium; and

II. The waste generated from an industrial process is trivalent
chromium exclusively (or nearly exclusively) and the process
does not contain more than minimal amounts of hexavalent
chromium [Footnote: Hexavalent chromium concentrations
below 5 mg/l currently are considered minimal.]
; and

III. The waste is managed by the waste generator in non-oxidizing
environments.

(II) The waste generator shall also submit to the Department a
Chromium Evaluation Review Fee identified in Rule 0400-12-01-
.08(11) prior to the Director’s review of the submitted documentation.

(III) This exemption shall be effective only after approval in writing by the
Director. Waste generators who obtain this exemption shall:

I. Annually recertify the accuracy of the information in a letter to
the Director that there has been no change in the waste
stream or the process generating the waste since the Director
determined that waste satisfies the conditions for the
exemption;

II. Submit all recertifications as required by subitem I of this item
by March 1 of each succeeding year following the Director’s
determination that the waste satisfies the conditions of the
exemption; and

III. Submit a new evaluation and review fee to the Director within
30 days, if a change in the waste stream or the process
generating the waste has occurred since the Director’s
determination. 

(IV) Specific wastes which meet the standard in item (I) of this subpart
(so long as they do not fail the test for the toxicity characteristic for
any other constituent, and do not exhibit any other characteristic)
are:

I. Chrome (blue) trimmings generated by the following
subcategories of the leather tanning and finishing industry:
Hair pulp/chrome tan/retan/wet finish; hair save/chrome
tan/retan/wet finish; retan/wet finish; no beamhouse;
through-the-blue; and shearling.

II. Chrome (blue) shavings generated by the following
subcategories of the leather tanning and finishing industry:
Hair pulp/chrome tan/retan/wet finish; hair save/chrome
tan/retan/wet finish; retan/wet finish; no beamhouse;
through-the-blue; shearling.

III. Buffing dust generated by the following subcategories of the
leather tanning and finishing industry: Hair pulp/chrome
tan/retan/wet finish; hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue.

IV. Sewer screenings generated by the following subcategories of
the leather tanning and finishing industry: Hair pulp/chrome
tan/retan/wet finish; hair save/chrome tan/retan/wet finish;
retan/wet finish; no beamhouse; through-the-blue; and
shearling.

V. Wastewater treatment sludges generated by the following
subcategories of the leather tanning and finishing industry:
Hair pulp/chrome tan/retan/wet finish; hair save/chrome
tan/retan/wet finish; retan/wet finish; no beamhouse;
through-the-blue; and shearling.

VI. Wastewater treatment sludges generated by the following
subcategories of the leather tanning and finishing industry:
Hair pulp/chrome tan/retan/wet finish; hair save/chrome
tan/retan/wet finish; and through-the-blue.

VII. Waste scrap leather from the leather tanning industry, the
shoe manufacturing industry, and other leather product
manufacturing industries.

VIII. Wastewater treatment sludges from the production of Ti02
pigment using chromium-bearing ores by the chloride process.

(vii) Solid waste from the extraction, beneficiation, and processing of ores and
minerals (including coal, phosphate rock and overburden from the mining
of uranium ore), except as provided by Rule 0400-12-01-.09(8)(m) for
facilities that burn or process hazardous waste.

(I) For purposes of this subpart, beneficiation of ores and minerals is
restricted to the following activities: crushing; grinding; washing;
dissolution; crystallization; filtration; sorting; sizing; drying; sintering;
pelletizing; briquetting; calcining to remove water and/or carbon 
dioxide; roasting, autoclaving, and/or chlorination in preparation for
leaching (except where the roasting (and/or autoclaving and/or
chlorination)/leaching sequence produces a final or intermediate
product that does not undergo further beneficiation or processing);
gravity concentration; magnetic separation; electrostatic separation;
flotation; ion exchange; solvent extraction; electrowinning;
precipitation; amalgamation; and heap, dump, vat, tank, and in situ
leaching.

(II) For the purpose of this subpart, solid waste from the processing of
ores and minerals includes only the following wastes as generated:

I. Slag from primary copper processing;

II. Slag from primary lead processing;

III. Red and brown muds from bauxite refining;

IV. Phosphogypsum from phosphoric acid production;

V. Slag from elemental phosphorus production;

VI. Gasifier ash from coal gasification;

VII. Process wastewater from coal gasification;

VIII. Calcium sulfate wastewater treatment plant sludge from
primary copper processing;

IX. Slag tailings from primary copper processing;

X. Fluorogypsum from hydrofluoric acid production;

XI. Process wastewater from hydrofluoric acid production;

XII. Air pollution control dust/sludge from iron blast furnaces;

XIII. Iron blast furnace slag;

XIV. Treated residue from roasting/leaching of chrome ore;

XV. Process wastewater from primary magnesium processing by
the anhydrous process;

XVI. Process wastewater from phosphoric acid production;

XVII. Basic oxygen furnace and open hearth furnace air pollution
control dust/sludge from carbon steel production;

XVIII. Basic oxygen furnace and open hearth furnace slag from
carbon steel production;

XIX. Chloride process waste solids from titanium tetrachloride
production;

XX. Slag from primary zinc processing. 

(III) A residue derived from co-processing mineral processing secondary
materials with normal beneficiation raw materials or with normal
mineral processing raw materials remains excluded under this part if
the owner or operator:

I. Processes at least 50 percent by weight normal beneficiation
raw materials or normal mineral processing raw materials; and,

II. Legitimately reclaims the secondary mineral processing
materials.

(viii) Cement kiln dust waste, except as provided by Rule 0400-12-01-.09(8)(m)
for facilities that burn or process hazardous waste.

(ix) Waste which consists of discarded arsenical-treated wood or wood
products which fails the test for the Toxicity Characteristic for Hazardous
Waste Codes D004 through D017 and which is not a hazardous waste for
any other reason if the waste is generated by persons who utilize the
arsenical-treated wood and wood products for these materials’ intended
end use.

(x) Petroleum-contaminated media and debris that fail the test for the Toxicity
Characteristic of subparagraph (3)(e) of this rule (Hazardous Waste Codes
D018 through D043 only) and are subject to the corrective action
regulations under 40 CFR Part 280 or Chapter 0400-18-01 (as these
regulations exist on the effective date of these rules).

(xi) Injected groundwater that is hazardous only because it exhibits the Toxicity
Characteristic (Hazardous Waste Codes D018 through D043 only) in
subparagraph (3)(e) of this rule that is reinjected through an underground
injection well pursuant to free phase hydrocarbon recovery operations
undertaken at petroleum refineries, petroleum marketing terminals,
petroleum bulk plants, petroleum pipelines, and petroleum transportation
spill sites until January 25, 1993. This extension applies to recovery
operations in existence, or for which contracts have been issued, on or
before March 25, 1991. New operations involving injection wells (beginning
after March 25, 1991) will qualify for this compliance date extension (until
January 25, 1993) only if operations are performed pursuant to a written
state agreement issued under the Tennessee Water Quality Control Act
(T.C.A. §§ 69-3-101 et seq.) that includes a provision to assess the
groundwater and the need for further remediation once the free phase
recovery is completed.

(xii) Used chlorofluorocarbon refrigerants from totally enclosed heat transfer
equipment, including mobile air conditioning systems, mobile refrigeration,
and commercial and industrial air conditioning and refrigeration systems
that use chlorofluorocarbons as the heat transfer fluid in a refrigeration
cycle, provided the refrigerant is reclaimed for further use.

(xiii) Non-terne plated used oil filters that are not mixed with wastes listed in
paragraph (4) of this rule if these oil filters have been gravity hot-drained
using one of the following methods:

(I) Puncturing the filter anti-drain back valve or the filter dome end and
hot-draining; 

(II) Hot-draining and crushing;

(III) Dismantling and hot-draining; or

(IV) Any other equivalent hot-draining method which will remove used oil.

(xiv) Used oil re-refining distillation bottoms that are used as feedstock to
manufacture asphalt products.

(xv) Leachate or gas condensate collected from landfills where certain solid
wastes have been disposed, provided that:

(I) The solid wastes disposed would meet one or more of the listing
descriptions for hazardous Waste Codes K169, K170, K171, K172,
K174, K175, K176, K177, K178, and K181 if these wastes had been
generated after the effective date of the listing;

(II) The solid wastes described in item (I) of this subpart were disposed
prior to the effective date of the listing;

(III) The leachate or gas condensate do not exhibit any characteristic of
hazardous waste nor are derived from any other listed hazardous
waste;

(IV) Discharge of the leachate or gas condensate, including leachate or
gas condensate transferred from the landfill to a POTW by truck, rail,
or dedicated pipe, is subject to regulation under sections 307(b) or
402 of the Clean Water Act, as amended or under the Water Quality
Control Act; and

(V) As of February 13, 2001, leachate or gas condensate derived from
K169-K172 is no longer exempt if it is stored or managed in a
surface impoundment prior to discharge. As of November 21, 2003,
leachate or gas condensate derived from K176, K177, and K178 is
no longer exempt if it is stored or managed in a surface
impoundment prior to discharge. After February 26, 2007, leachate
or gas condensate derived from K181 will no longer be exempt if it is
stored or managed in a surface impoundment prior to discharge.
There is one exception: if the surface impoundment is used to
temporarily store leachate or gas condensate in response to an
emergency situation (e.g., shutdown of wastewater treatment
system), provided the impoundment has a double liner, and provided
the leachate or gas condensate is removed from the impoundment
and continues to be managed in compliance with the conditions of
this item (V) after the emergency ends.

(xvi) Reserved

(xvii) Reserved

(xviii) Solvent-contaminated wipes, except for wipes that are hazardous waste
due to the presence of trichloroethylene, that are sent for disposal are not
hazardous wastes from the point of generation provided that: 

(I) The solvent-contaminated wipes, when accumulated, stored, and
transported, are contained in non-leaking, closed containers that are
labeled “Excluded Solvent-Contaminated Wipes.” The containers
shall be able to contain free liquids, should free liquids occur. During
accumulation, a container is considered closed when there is
complete contact between the fitted lid and the rim, except when it is
necessary to add or remove solvent-contaminated wipes. When the
container is full, or when the solvent-contaminated wipes are no
longer being accumulated, or when the container is being
transported, the container shall be sealed with all lids properly and
securely affixed to the container and all openings tightly bound or
closed sufficiently to prevent leaks and emissions;

(II) The solvent-contaminated wipes are accumulated by the generator
for no more than 180 days from the start date of accumulation for
each container prior to being sent for disposal;

(III) At the point of being transported for disposal, the solvent-
contaminated wipes must contain no free liquids as defined in
paragraph (2) of Rule 0400-12-01-.01;

(IV) Free liquids removed from the solvent-contaminated wipes or from
the container holding the wipes shall be managed according to the
applicable regulations found in Rules 0400-12-01-.01 through 0400-
12-01-.12;

(V) Generators shall maintain at their site the following documentation:

I. Name and address of the landfill or combustor that is receiving
the solvent-contaminated wipes;

II. Documentation that the 180 day accumulation time limit in item
(II) of this subpart is being met;

III. Description of the process the generator is using to ensure
solvent-contaminated wipes contain no free liquids at the point
of being transported for disposal; and

(VI) The solvent-contaminated wipes are sent for disposal:

I. To a municipal solid waste landfill regulated under Chapter
0400-11-01, including Rule 0400-11-01-.04 regarding a Class I
disposal facility, or to a hazardous waste landfill regulated
under Rules 0400-12-01-.05 or 0400-12-01-.06; or

II. To a municipal waste combustor or other combustion facility
regulated under T.C.A. §§ 68-201-101 et seq. or to a
hazardous waste combustor, boiler, or industrial furnace
regulated under Rules 0400-12-01-.05 or 0400-12-01-.06 or
paragraph (8) of Rule 0400-12-01-.09.

Is this waste excluded per Rule 0400-12-01-.02(1)(d) 2.?

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.