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Welcome to the TN Hazardous Waste Determination Matrix

TN Rule 0400-12-01-.03(1)(b) requires that a person who generates a solid waste must determine if that waste is a hazardous waste.  The method to use in making the determination is outlined in that same rule.

This Hazardous Waste Determination Matrix is an assistance tool which will guide you through questions and regulatory citations associated with the determination process.

Waste generators are responsible for the complete and accurate evaluation of generated waste streams. Use/evaluation through the Matrix is not all inclusive and is NOT a substitution for review and evaluation of compliance with all applicable laws and regulations. Hazardous waste determinations can be complex. In order to correctly evaluate a waste stream, generators must be knowledgeable regarding chemical characteristics of the waste, chemicals used in the process, the process generating the waste, point of waste generation, contaminates, and any other situations that could cause the waste to be hazardous as defined by the TN Regulations.  A hazardous waste determination must be made at the point of generation before any dilution, mixing, or other alteration of the waste occurs. When a waste must be sampled, generators much ensure that all samples are representative of the waste stream and that appropriate test methods are followed.

0400-12-01-.03(1)(b)  Hazardous Waste Determination [40 CFR 262.11]

A person who generates a solid waste, as defined in Rule 0400-12-01-.02(1)(b), must
determine if that waste is a hazardous waste using the following method:

1. He should first determine if the waste is excluded from regulation under Rule
0400-12-01-.02(1)(d).

2. He must then determine if the waste is listed as a hazardous waste in Rule 0400-
12-01-.02(4).
(Note: Even if the waste is listed, the generator still has an opportunity under 40
CFR 260.22 to demonstrate to the EPA Regional Administrator that the waste
from his particular facility or operation is not a hazardous waste.)

3. For purposes of compliance with Rule 0400-12-01-.10, or if the waste is not listed
in Rule 0400-12-01-.02(4), the generator must then determine whether the waste
is identified in Rule 0400-12-01-.02(3) by either:

(i) Testing the waste according to the methods set forth in Rule 0400-12-01-
.02, or according to an equivalent method approved by the Commissioner
under Rule 0400-12-01-.01(3)(b); or
(ii) Applying knowledge of the hazard characteristic of the waste in light of the
materials or the processes used.

4. If the waste is determined to be hazardous, the generator must refer to Rules
0400-12-01-.02, .05, .06, .09, .10 and .12 for possible exclusions or restrictions
pertaining to management of the specific waste.

5. This subparagraph does not apply to individual wastewaters streams as
described in part (2)(a)2 of this rule in cases where the generator makes a
hazardous waste determination on the conglomerate flow. A proper
determination of the conglomerate flow must include both an evaluation of the
hazardous waste characteristics of the conglomerate flow as defined in Rule
0400-12-01-.02(3) as well as an evaluation of the facility’s wastewater generating
processes to confirm the presence or absence of listed hazardous wastewaters
as defined in Rule 0400-12-01-.02(4) in the wastewater.

(Comment: This provision does not supercede any applicable exclusion from
recordkeeping, notification, or reporting requirements for hazardous waste
otherwise specified in this rule.)

Tool Tip: Click > to review the regulation text

Flow chart as illustration of the determination process you will experience using this matrix

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.