Division of Land Protection (DLP) Waste Management Section Regulations, Rules, and Policies

Authorized by the EPA

To be an "authorized state" by the U.S. Environmental Protection Agency (EPA) means a state has received approval from the EPA to implement and enforce a federal environmental program, such as the Resource Conservation and Recovery Act (RCRA) for hazardous waste or the Clean Water Act (CWA)'s National Pollutant Discharge Elimination System (NPDES) program. This authorization requires the state's program to be at least as stringent as federal standards, allowing the state to administer the program under its own laws and regulations, which then operate in conjunction with federal ones.

Statutes

Statutes are the Tennessee Code Annotated (TCA) (all public laws in Tennessee). They are organized into 71 titles covering a comprehensive reference for state statutes, state and federal court cases, and the Tennessee Attorney General's opinions. 

Rules and Regulations

The TCA authorizes the organization of the Underground Storage Tanks and Solid Waste Disposal Control Board until June 30, 2027, with a recurring vote to perpetuate the existence of the Board. The role of the board is to promulgate rules, interpret regulations, and hear appeals of permitting and enforcement actions.

Rules and regulations are interchangeable terms that outline requirements as set in the TCA and are viewable on the Secretary of State's website.

Asbestos Rules and Regulations

The Asbestos Accreditation Rule outlines procedures and requirements for accrediting training programs, training courses, firms, and five disciplines of professionals to conduct asbestos activities.  The Rule also defines the asbestos activity that each discipline can conduct. The Rule stipulates that only Tennessee-accredited persons shall offer to perform or perform asbestos activities in schools or public and commercial buildings in Tennessee. Asbestos activities include developing management plans for schools, developing project designs, conducting response actions, conducting inspections, and collecting clearance air samples.

The purpose of the Asbestos Accreditation Rule is to ensure that individuals are properly trained and accredited. Training programs are accredited to ensure that the training curriculum for each asbestos discipline adheres to a specific course of study. The amended rule outlines requirements for training programs to offer online refresher training courses, if appropriately accredited and with limitations. The amended rule requires firms to obtain a three-year accreditation and provides dual accreditation as an asbestos inspector/management planner. It also establishes new fees for the accreditation of individuals and firms, and training program courses. Penalties for non-compliance are also described.

Lead-Based Paint Rules and Regulations

The current state Lead-Based Paint Rule can be accessed on the Tennessee Secretary of State’s website.

Rule Chapter 0400-13-01 Lead-Based Paint Abatement implements Tennessee Code Annotated (T.C.A.) Section 68-131-401 et seq., Part 4-Tennessee Lead-Based Paint Abatement Certification Act of 1997.  It is effective June 5, 2024, and replaces and amends Rule Chapter 1200-01-18. The State of Tennessee Lead Hazard Program became an EPA-authorized program on January 17, 2001.

The Rule outlines procedures and requirements for accrediting training programs, certifying professionals, and establishing work-practice-standards for conducting lead-based paint abatement activities. The purpose is to ensure that individuals are properly trained and certified to conduct lead-based paint (LBP) activities in pre-1978 target housing and child-occupied facilities. Training programs are accredited to ensure that training curricula adhere to a specific course of study for each LBP discipline. The current rule removes annual renewal of certification fees for firms and individuals and requires each to obtain a three-year certification. It also allows training programs to offer online refresher training courses, if appropriately accredited and with limitations. It lowers the concentrations of dust-lead hazards and clearance levels, which are both congruent with current federal standards. It establishes new fees for certification of individuals and firms, lead hazard reduction project notifications, and accreditation of training programs. Penalties for non-compliance are also described.

A 5-day Notification to the State (see the Notification of Lead-Based Paint Activity) is required prior to the commencement of risk assessments, inspections, clearances, and abatement projects.

For additional information about the Commissioner’s Exam or about how to become a certified LBP firm or professional in Tennessee, call toll-free: 1-888-771-LEAD.

NOTICE! A Tennessee Specialty/Environmental Contractor's License may be required BEFORE bidding or offering a price on asbestos and lead-based paint abatement projects. Details and procedures to obtain a Specialty/Environmental contractor’s license can be found on the Department of Commerce and Insurance website.

Policy/Standard Operating Procedures (SOP)

The Tennessee Department of Environment & Conservation (TDEC) has primary responsibility for many of the environmental statutes and regulations of the state of Tennessee. TDEC utilizes policies both to explain the requirements of these laws and to foster consistency within the agency.  TCA section 4-5-102(10) defines policy as:

• Any statement, document, or guideline prepared or issued by any agency pursuant to its delegated authority that merely defines or explains the meaning of a statute or a rule. “Policy” also means any statement, document, or guideline concerning only internal management of State government that does not affect private rights, privileges, or procedures available to the public. “Internal management” means the administration of an agency’s internal operations for the purposes of facilitating operational effectiveness and efficiency.In accordance with the statutory definition of policy, TDEC utilizes both external and internal policy documents. Final versions of external and significant internal policies as well as draft policy documents that are posted for public comment are posted below. If a policy document is not on this webpage, it may not be a final policy of the Department.

External Policy

External PoliciesTDEC defines “external policy” as a non-binding agency statement that explains the Department’s interpretation of statutory or regulatory requirements to facilitate external parties’ compliance with a statute or rule. External policies include, but are not limited to, compliance guides, regulatory interpretive memoranda, and conservation fee policies.

Significant Internal Policy

TDEC defines “significant internal policy” to include internal policies that define the distribution of authority among divisions, explain the Department’s legal authority or obligations under existing statutes or regulations, may affect external customers (e.g., enforcement policies), or otherwise represent a significant policy statement as determined by the issuing division or bureau.

Draft Policy

The following documents are drafts and provided for information and comment only. The information contained therein is subject to change upon further review and does not commit the Department to any action or position. Draft policies remain posted on this page until a final determination is made by the Department.

Policies for all of TDEC are located on the Department Policy webpage and can be searched by Bureau or Division.

Revised Definition of Solid Waste - 2015

In 2015, the U.S. Environmental Protection Agency (EPA) finalized new safeguards that promote responsible recycling of hazardous secondary materials and demonstrate a significant step forward in promoting recycling innovation, resulting in both resource conservation and economic benefits, while strengthening protections for environmental justice communities. 

Rule 0400-12-01 (effective 01/04/2018) was amended to reflect the changes required by the U. S. Court of Appeals, District of Columbia Circuit. The Court ruled that 40 CFR § 260.43(a)(4) (commonly referred to as Factor 4 of the “legitimacy test”) was unreasonable insofar as it applies to all hazardous secondary materials via § 261.2(g) (sham recycling definition) and rejected parts of the Verified Recycler Exclusion. The amendments took effect on June 19, 2018.