Tenn. Comp. R. & Regs. 0400-12-01-.02 - IDENTIFICATION AND LISTING OF HAZARDOUS WASTE

(1) General [ 40 CFR 261 Subpart A]
(a) Purpose and Scope [ 40 CFR 261.1 ]
1. This rule identifies those solid wastes which are subject to regulation as hazardous wastes under Rules 0400-12-01-.03 through 0400-12-01-.07 and 0400-12-01-.10 and which are subject to the notification requirements of this chapter. In this rule:
(i) Paragraph (1) defines the terms "solid waste" and "hazardous waste", identifies those wastes which are excluded from regulation under Rules 0400-12-01-.03 through 0400-12-01-.07, 0400-12-01-.09 and 0400-12-01.10 and establishes special management requirements for hazardous waste produced by very small quantity generators and hazardous waste which is recycled.
(ii) Paragraph (2) sets forth the criteria used by the Board to identify characteristics of hazardous waste and to list particular hazardous wastes.
(iii) Paragraph (3) identifies characteristics of hazardous waste.
(iv) Paragraph (4) lists particular hazardous wastes.
2.
(i) The definition of solid waste contained in this rule applies only to wastes that also are hazardous for purposes of the regulations implementing T.C.A. Title 68, Chapter 212. For example it does not apply to materials (such as non-hazardous scrap, paper, textiles, or rubber) that are not otherwise hazardous wastes and that are recycled.
(ii) This rule identifies only some of the materials which are solid wastes and hazardous wastes under T.C.A. Sections 68-212-105, 68-212-107, 68-212111, 68-212-114 and 68-212-115. A material which is not defined as a solid waste in this rule, or is not a hazardous waste identified or listed in this rule, is still a solid waste and a hazardous waste for purposes of these statutory sections if:
(I) In the case of T.C.A. Section 68-212-107, the Commissioner has reason to believe that the material may be a solid waste within the meaning of T.C.A. Section 68-212-104(19) and a hazardous waste within the meaning of T.C.A. Section 68-212-104(8); or
(II) In the case of T.C.A. Sections 68-212-105, 68-212-111, 68-212-114 and 68-212-115, the statutory definition of a waste and a hazardous waste are established.
3. For the purposes of subparagraphs (b) and (f) of this paragraph:
(i) A "spent material" is any material that has been used and as a result of contamination can no longer serve the purpose for which it was produced without processing.

(Note: The term "spent material" includes any material that has been used and is no longer fit for use without being regenerated, reclaimed or otherwise reprocessed.)

(Note: As used in the definition of spent materials, "contamination" includes any impurity, factor, or circumstance which causes the material to be taken out of service.)

(ii) "Sludge" has the same meaning used in Rule 0400-12-01-.01(2)(a).
(iii) A "by-product" is a material that is not one of the primary products of a production process and is not solely or separately produced by the production process. Examples are process residues such as slags or distillation column bottoms. The term does not include a co-product that is produced for the general public's use and is ordinarily used in the form it is produced by the process.

(Note: The term "by-product" includes residues that result from manufacturing or other operations that are not one of the primary products that are produced.)

(Note: The term "co-product" means a material produced for use by the general public and suitable for end use essentially as-is.)

(iv) A material is "reclaimed" if it is processed to recover a usable product, or if it is regenerated. Examples are recovery of lead values from spent batteries and regeneration of spent solvents. In addition, for purposes of subparts (d)1(xxiii) and (xxiv) of this paragraph, smelting, melting and refining furnaces are considered to be solely engaged in metals reclamation if the metal recovery from the hazardous secondary materials meets the same requirements as those specified for metals recovery from hazardous waste found in subparts (8)(a)4(i) through (iii) of Rule 0400-1201-.09, and if the residuals meet the requirements specified in subparagraph (8)(m) of Rule 0400-12-01-.09.
(v) A material is "used or reused" if it is either:
(I) Employed as an ingredient (including use as an intermediate) in an industrial process to make a product (for example, distillation bottoms from one process used as feedstock in another process). However, a material will not satisfy this condition if distinct components of the material are recovered as separate end products (as when metals are recovered from metal-containing secondary materials); or
(II) Employed in a particular function or application as an effective substitute for a commercial product (for example, spent pickle liquor used as phosphorous precipitant and sludge conditioner in wastewater treatment).
(vi) "Scrap metal" is bits and pieces of metal parts (e.g., bars, turnings, rods, sheets, wire) or metal pieces that may be combined together with bolts or soldering (e.g., radiators, scrap automobiles, railroad box cars), which when worn or superfluous can be recycled.
(vii) A material is "recycled" if it is used, reused, or reclaimed.
(viii) A material is "accumulated speculatively" if it is accumulated before being recycled. A material is not accumulated speculatively, however, if the person accumulating it can show that the material is potentially recyclable and has a feasible means of being recycled; and that -- during the calendar year (commencing on January 1) -- the amount of material that is recycled, or transferred to a different site for recycling, equals at least 75 percent by weight or volume of the amount of that material accumulated at the beginning of the period. Materials must be placed in a storage unit with a label indicating the first date that the material began to be accumulated. If placing a label on the storage unit is not practicable, the accumulation period must be documented through an inventory log or other appropriate method. In calculating the percentage of turnover, the 75 percent requirement is to be applied to each material of the same type (e.g., slags from a single smelting process) that is recycled in the same way (i.e., from which the same material is recovered or that is used in the same way). Materials accumulating in units that would be exempt from regulation under subpart (d)3(i) of this paragraph are not to be included in making the calculation. (Materials that are already defined as solid wastes also are not to be included in making the calculation.) Materials are no longer in this category once they are removed from accumulation for recycling, however.
(ix) "Excluded scrap metal" is processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal.
(x) "Processed scrap metal" is scrap metal which has been manually or physically altered to either separate it into distinct materials to enhance economic value or to improve the handling of materials. Processed scrap metal includes, but is not limited to scrap metal which has been baled, shredded, sheared, chopped, crushed, flattened, cut, melted, or separated by metal type (i.e., sorted), and, fines, drosses and related materials which have been agglomerated. (Note: shredded circuit boards being sent for recycling are not considered processed scrap metal. They are covered under the exclusion from the definition of solid waste for shredded circuit boards being recycled (Rule 0400-12-01-.02(1)(d) 1(xiv)).)
(xi) "Home scrap metal" is scrap metal as generated by steel mills, foundries, and refineries such as turnings, cuttings, punchings, and borings.
(xii) "Prompt scrap metal" is scrap metal as generated by the metal working/fabrication industries and includes such scrap metal as turnings, cuttings, punchings, and borings. Prompt scrap is also known as industrial or new scrap metal.
(b) Definition of Solid Waste [ 40 CFR 261.2 ]
1.
(i) 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.
(ii)
(I) A "discarded material" is any material which is:
I. "Abandoned", as explained in part 2 of this paragraph; or
II. "Recycled", as explained in part 3 of this paragraph; or
III. Considered "inherently waste-like", as explained in part 4 of this subparagraph; or
IV. A military munition identified as a solid waste in subparagraph (13)(c) of Rule 0400-12-01-.09.
(II) Reserved
2. Materials are solid waste if they are "abandoned" by being:
(i) Disposed of; or
(ii) Burned or incinerated; or
(iii) Accumulated, stored, or treated (but not recycled) before or in lieu of being abandoned by being disposed of, burned, or incinerated; or
(iv) Sham recycled, as explained in part 7 of this subparagraph.
3. Materials are solid wastes if they are "recycled"-or accumulated, stored, or treated before recycling-as specified in subparts (i) through (iv) of this part:
(i) "Used in a manner constituting disposal".
(I) Materials noted with a "*" in Column 1 of Table 1 are solid wastes when they are:
I. Applied to or placed on the land in a manner that constitutes disposal; or
II. Used to produce products that are applied to or placed on the land or are otherwise contained in products that are applied to or placed on the land (in which cases the product itself remains a solid waste).
(II) However, commercial chemical products listed in subparagraph (4)(d) of this rule are not solid wastes if they are applied to the land and that is their ordinary manner of use.
(ii) "Burning for energy recovery"
(I) Materials noted with a "*" in column 2 of Table 1 are solid wastes when they are:
I. Burned to recover energy;
II. Used to produce a fuel or are otherwise contained in fuels (in which cases the fuel itself remains a solid waste).
(II) However, commercial chemical products listed in subparagraph (4)(d) of this rule are not solid wastes if they are themselves fuels.
(iii) "Reclaimed"

Materials noted with a "---" in column 3 of Table 1 are not solid wastes when reclaimed. Materials noted with a "*" in column 3 of Table 1 are solid wastes when reclaimed unless they meet the requirements of subparts (d)1(xvii), (xxiii), (xxiv) or (xxvii) of this paragraph.

(iv) "Accumulated speculatively"

Materials noted with a "*" in column 4 of Table 1 are solid wastes when accumulated speculatively.

Table 1

Use constituting disposal (subpart (1)(b)3(i) of this rule)

Energy recovery/fuel (subpart (1)(b)3(ii) of this rule)

Reclamation (subpart (1)(b)3(iii) of this rule) except as provided in subpart (1)(d)1(xvii), (xxiii), (xxiv) or (xxvii) of this rule

Speculative accumulation (subpart (1)(b)3(iv) of this rule)

(1)

(2)

(3)

(4)

Spent Materials

(*)

(*)

(*)

(*)

Sludges [listed in Rule 0400-12-01-.02(4)(b) or (c) ]

(*)

(*)

(*)

(*)

Sludges exhibiting a characteristic of hazardous waste

(*)

(*)

(*)

By-products [listed in Rule 0400-12-01-.02(4)(b) or (c) ]

(*)

(*)

(*)

(*)

By-products exhibiting a characteristic of hazardous waste

(*)

(*)

(*)

Commercial chemical products listed in Rule 0400-12-01-.02(4)(d)

(*)

(*)

Scrap metal that is not excluded under Rule 0400-12-01-.02(1)(d) 1(xiii)

(*)

(*)

(*)

(*)

(Note: The terms "spent materials", "sludges", "by-products", "scrap metal" and "processed scrap metal" are defined in part (1)(a)3 of this rule.)

(Note: Unused commercial chemical products and unused manufactured articles, which are not listed in subparagraph (4)(d) of this rule, that exhibit a characteristic of hazardous waste in accordance with paragraph (3) of this rule shall have the same status as commercial chemical products listed in subparagraph (4)(d) of this rule when reclaimed. These non-listed commercial chemical products or manufactured articles are not solid waste when legitimately recycled except when they are recycled in ways that differ from their normal manner of use.)

4. "Inherently waste-like materials"

The following materials are solid wastes when they are recycled in any manner:

(i) Hazardous Waste Codes F020, F021 (unless used as an ingredient to make a product at the site of generation), F022, F023, F026, and F028.
(ii) Secondary materials fed to a halogen acid furnace that exhibit a characteristic of a hazardous waste or are listed as a hazardous waste as defined in paragraph (3) or (4) of this rule, except for brominated material that meets the following criteria:
(I) The material must contain a bromine concentration of at least 45%; and
(II) The material must contain less than a total of 1% of toxic organic compounds listed in paragraph (30) Appendix VIII of this rule; and
(III) The material is processed continually on-site in the halogen acid furnace via direct conveyance (hard piping).
(iii) The Board will use the following criteria to add wastes to that list:
(I)
I. The materials are ordinarily disposed of, burned, or incinerated; or
II. The materials contain toxic constituents listed in paragraph (30) Appendix VIII of this rule and these constituents are not ordinarily found in raw materials or products for which the materials substitute (or are found in raw materials or products in smaller concentrations) and are not used or reused during the recycling process; and
(II) The material may pose a substantial hazard to human health and the environment when recycled.
5. "Materials that are not solid waste when recycled"
(i) Materials are not solid wastes when they can be shown to be recycled by being:
(I) Used or reused as ingredients in an industrial process to make a product, provided the materials are not being reclaimed; or
(II) Used or reused as effective substitutes for commercial products; or (Note: This item only addresses hazardous secondary materials that are used or reused as effective substitutes for commercial products without first being reclaimed.)
(III) Returned to the original process from which they are generated, without first being reclaimed or land disposed. The material must be returned as a substitute for feedstock materials. In cases where the original process to which the material is returned is a secondary process, the materials must be managed such that there is no placement on the land. In cases where the materials are generated and reclaimed within the primary mineral processing industry, the conditions of the exclusion found at subpart (d)1(xvii) of this paragraph apply rather than this item.
(ii) The following materials are solid wastes, even if the recycling involves use, reuse, or return to the original process (described in items (i)(I) through (III) of this part):
(I) Materials used in a manner constituting disposal, or used to produce products that are applied to the land; or
(II) Materials burned for energy recovery, used to produce a fuel, or contained in fuels; or
(III) Materials accumulated speculatively; or
(IV) Materials listed in subparts 4(i) and 4(ii) of this subparagraph.
6. "Documentation of claims that materials are not solid wastes or are conditionally exempt from regulation".

Respondents in actions to enforce regulations implementing the Act and Chapter 0400-12-01 who raise a claim that a certain material is not a solid waste, or is conditionally exempt from regulation, must demonstrate that there is a known market or disposition for the material, and that they meet the terms of the exclusion or exemption. In doing so, they must provide appropriate documentation (such as contracts showing that a second person uses the material as an ingredient in a production process) to demonstrate that the material is not a waste, or is exempt from regulation. In addition, owners or operators of facilities claiming that they actually are recycling materials must show that they have the necessary equipment to do so.

7. Sham recycling.

A hazardous secondary material found to be sham recycled is considered discarded and a solid waste. Sham recycling is recycling that is not legitimate recycling as defined in subparagraph (5)(d) of Rule 0400-12-01-.01.

(c) Definition of Hazardous Waste [ 40 CFR 261.3 ]
1. A solid waste, as defined in subparagraph (b) of this paragraph, is a hazardous waste if:
(i) It is not excluded from regulation as a hazardous waste under part (d)2 of this paragraph; and
(ii) It meets any of the following criteria:
(I) It exhibits any of the characteristics of hazardous waste identified in paragraph (3) of this rule. However, any mixture of a waste from the extraction, beneficiation, and processing of ores and minerals excluded under subpart (d)2(vii) of this paragraph and any other solid waste exhibiting a characteristic of hazardous waste under paragraph (3) of this rule is a hazardous waste only if it exhibits a characteristic that would not have been exhibited by the excluded waste alone if such mixture had not occurred or if it continues to exhibit any of the characteristics exhibited by the non-excluded wastes prior to mixture. Further, for the purposes of applying the Toxicity Characteristic to such mixtures, the mixture is also a hazardous waste if it exceeds the maximum concentration for any contaminant listed in Table 1 to subparagraph (3)(e) of this rule that would not have been exceeded by the excluded waste alone if the mixture had not occurred or if it continues to exceed the maximum concentration for any contaminant exceeded by the nonexempt waste prior to mixture.
(II) It is listed in paragraph (4) of this rule and has not been excluded from the lists in paragraph (4) of this rule under Rule 0400-12-01-.01(3)(a) and (c).
(III) (RESERVED) [261.3(a)(2)(iii)]
(IV) It is a mixture of solid waste and one or more hazardous wastes listed in paragraph (4) of this rule and has not been excluded from this subpart under Rule 0400-12-01-.01(3)(a) and (c), part 7 or 8 of this subparagraph; however, the following mixtures of solid wastes and hazardous wastes listed in paragraph (4) of this rule are not hazardous wastes (except by application of items (I) or (II) of this subpart) if the generator can demonstrate that the mixture consists of wastewater the discharge of which is subject to regulation under T.C.A. §§ 69-3-101 et seq. (including wastewater at facilities which have eliminated the discharge of wastewater) and:
I. One or more of the following spent solvents listed in subparagraph (4)(b) of this rule - benzene, carbon tetrachloride, tetrachloroethylene, trichloroethylene or the scrubber waters derived-from the combustion of these spent solvents - provided that (1) the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed 1 part per million or (2) the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR parts 60, 61, or 63, or the Tennessee Air Quality Act and Rule Division 1200-03 or at facilities subject to an enforceable limit in a federal or state operating permit that minimizes fugitive emissions), does not exceed 1 part per million on an average weekly basis. Any facility that uses benzene as a solvent and claims this exemption must use an aerated biological wastewater treatment system and must use only lined surface impoundments or tanks prior to secondary clarification in the wastewater treatment system. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the Division Director, as defined in Rule 0400-12-01-.01(2)(a). A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if he/she finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or
II. One or more of the following spent solvents listed in subparagraph (4)(b) of this rule - methylene chloride, 1,1,1-trichloroethane, chlorobenzene, o-dichlorobenzene, cresols, cresylic acid, nitrobenzene, toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, spent chlorofluorocarbon solvents, 2-ethoxyethanol, or the scrubber waters derived-from the combustion of these spent solvents - provided that (1) the maximum total weekly usage of these solvents (other than the amounts that can be demonstrated not to be discharged to wastewater) divided by the average weekly flow of wastewater into the headworks of the facility's wastewater treatment or pretreatment system does not exceed 25 parts per million or (2) the total measured concentration of these solvents entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR parts 60, 61, or 63, or the Tennessee Air Quality Act and Rule Division 1200-03 or at facilities subject to an enforceable limit in a federal or state operating permit that minimizes fugitive emissions) does not exceed 25 parts per million on an average weekly basis. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the Division Director, as defined in Rule 0400-12-01-.01(2)(a). A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if he/she finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or
III. One of the following wastes listed in subparagraph (4)(c) of this rule, provided that the wastes are discharged to the refinery oil recovery sewer before primary oil/water/solids separation - heat exchanger bundle cleaning sludge from the petroleum refining industry (Hazardous Waste Code K050), crude oil storage tanks sediment from petroleum refining operations (Hazardous Waste Code K169), clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum refining operations (Hazardous Waste Code K170), spent hydrotreating catalyst (Hazardous Waste Code K171), and spent hydrorefining catalyst (Hazardous Waste Code K172); or
IV. A discarded hazardous waste, commercial chemical product, or chemical intermediate listed in subparagraphs (4)(b) through (4)(d) of this rule, arising from de minimis losses of these materials. For purposes of this subitem, de minimis losses are inadvertent releases to a wastewater treatment system, including those from normal material handling operations (e.g., spills from the unloading or transfer of materials from bins or other containers, leaks from pipes, valves or other devices used to transfer materials); minor leaks of process equipment, storage tanks or containers; leaks from well maintained pump packings and seals; sample purgings; relief device discharges; discharges from safety showers and rinsing and cleaning of personal safety equipment; and rinsate from empty containers or from containers that are rendered empty by that rinsing. Any manufacturing facility that claims an exemption for de minimis quantities of wastes listed in subparagraphs (4)(b) through (4)(c) of this rule or any nonmanufacturing facility that claims an exemption for de minimis quantities of wastes listed in paragraph (4) of this rule must either have eliminated the discharge of wastewaters or have included in its Clean Water Act or Tennessee Water Quality Control Act permit application or submission to its pretreatment control authority the constituents for which each waste was listed in Appendix VII of paragraph (30) of this rule; and the constituents in the table "Treatment Standards for Hazardous Wastes" in Rule 0400-12-01-.10(3)(a) for which each waste has a treatment standard (i.e., Land Disposal Restriction constituents). A facility is eligible to claim the exemption once the permit writer or control authority has been notified of possible de minimis releases via the Clean Water Act or Tennessee Water Quality Control Act permit application or the pretreatment control authority submission. A copy of the Clean Water Act or Tennessee Water Quality Control Act permit application or the submission to the pretreatment control authority must be placed in the facility's on-site files; or
V. Wastewater resulting from laboratory operations containing toxic (T) wastes listed in paragraph (4) of this rule, provided that the annualized average flow of laboratory wastewater does not exceed one percent of total wastewater flow into the headworks of the facility's wastewater treatment or pretreatment system, or provided the wastes, combined annualized average concentration does not exceed one part per million in the headworks of the facility's wastewater treatment or pre-treatment facility. Toxic (T) wastes used in laboratories that are demonstrated not to be discharged to wastewater are not to be included in this calculation; or
VI. One or more of the following wastes listed in subparagraph (4)(c) of this rule - wastewaters from the production of carbamates and carbamoyl oximes (Hazardous Waste Code No. K157) - provided that (1) the maximum weekly usage of formaldehyde, methyl chloride, methylene chloride, and triethylamine (including all amounts that cannot be demonstrated to be reacted in the process, destroyed through treatment, or is recovered, i.e., what is discharged or volatilized) divided by the average weekly flow of process wastewater prior to any dilution into the headworks of the facility's wastewater treatment system does not exceed a total of 5 parts per million by weight or (2) the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR parts 60, 61, or 63, or the Tennessee Air Quality Act and Rule Division 1200-03 or at facilities subject to an enforceable limit in a federal or state operating permit that minimizes fugitive emissions) does not exceed 5 parts per million on an average weekly basis. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the Division Director, as defined in Rule 0400-12-01-.01(2)(a). A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if he/she finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected; or
VII. Wastewaters derived-from the treatment of one or more of the following wastes listed in subparagraph (4)(c) of this rule - organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (Hazardous Waste Code No. K156) - provided that (1) the maximum concentration of formaldehyde, methyl chloride, methylene chloride, and triethylamine prior to any dilutions into the headworks of the facility's wastewater treatment system does not exceed a total of 5 milligrams per liter or (2) the total measured concentration of these chemicals entering the headworks of the facility's wastewater treatment system (at facilities subject to regulation under the Clean Air Act, as amended, at 40 CFR parts 60, 61, or 63, or the Tennessee Air Quality Act and Rule Division 1200-03 or at facilities subject to an enforceable limit in a federal or state operating permit that minimizes fugitive emissions) does not exceed 5 milligrams per liter on an average weekly basis. Facilities that choose to measure concentration levels must file a copy of their sampling and analysis plan with the Division Director, as defined in Rule 0400-12-01-.01(2)(a). A facility must file a copy of a revised sampling and analysis plan only if the initial plan is rendered inaccurate by changes in the facility's operations. The sampling and analysis plan must include the monitoring point location (headworks), the sampling frequency and methodology, and a list of constituents to be monitored. A facility is eligible for the direct monitoring option once they receive confirmation that the sampling and analysis plan has been received by the Director. The Director may reject the sampling and analysis plan if he/she finds that, the sampling and analysis plan fails to include the above information; or the plan parameters would not enable the facility to calculate the weekly average concentration of these chemicals accurately. If the Director rejects the sampling and analysis plan or if the Director finds that the facility is not following the sampling and analysis plan, the Director shall notify the facility to cease the use of the direct monitoring option until such time as the bases for rejection are corrected.
(V) Rebuttable presumption for used oil Used oil containing more than 1000 ppm total halogens is presumed to be a hazardous waste because it has been mixed with halogenated hazardous waste listed in paragraph (4) of this rule. Persons may rebut this presumption by demonstrating that the used oil does not contain hazardous waste (for example, to show that the used oil does not contain significant concentrations of halogenated hazardous constituents listed in appendix VIII of paragraph (30) of this rule).
I. The rebuttable presumption does not apply to metalworking oils/fluids containing chlorinated paraffins, if they are processed, through a tolling agreement, to reclaim metalworking oils/fluids. The presumption does apply to metalworking oils/fluids if such oils/fluids are recycled in any other manner, or disposed.
II. The rebuttable presumption does not apply to used oils contaminated with chlorofluorocarbons (CFCs) removed from refrigeration units where the CFCs are destined for reclamation. The rebuttable presumption does apply to used oils contaminated with CFCs that have been mixed with used oil from sources other than refrigeration units.
2. A solid waste which is not excluded from regulation under part (d)2 of this paragraph becomes a hazardous waste when any of the following events occur:
(i) In the case of a waste listed in paragraph (4) of this rule, when the waste first meets the listing description set forth in paragraph (4) of this rule.
(ii) In the case of a mixture of solid waste and one or more listed hazardous wastes, when a hazardous waste listed in paragraph (4) of this rule is first added to the solid waste.
(iii) In the case of any other waste (including a waste mixture), when the waste exhibits any of the characteristics identified in paragraph (3) of this rule.
3. Unless and until it meets the criteria of part 4 below:
(i) A hazardous waste will remain a hazardous waste.
(ii)
(I) Except as otherwise provided in item (II) of this subpart, part 7 or part 8 of this subparagraph, any solid waste generated from the treatment, storage, or disposal of a hazardous waste, including any sludge, spill residue, ash, emission control dust, or leachate (but not including precipitation run-off) is a hazardous waste. (However, materials that are reclaimed from solid wastes and that are used beneficially are not solid wastes and hence are not hazardous wastes under this provision unless the reclaimed material is burned for energy recovery or used in a manner constituting disposal.)
(II) The following solid wastes are not hazardous even though they are generated from the treatment, storage, or disposal of a hazardous waste, unless they exhibit one or more of the characteristics of hazardous waste:
I. Waste pickle liquor sludge generated by lime stabilization of spent pickle liquor from the iron and steel industry (SIC Codes 331 and 332).
II. Waste from burning any of the materials exempted from regulation by items (f)1(iii)(III) and (IV) of this paragraph.
III.
A. Nonwastewater residues, such as slag, resulting from high temperature metals recovery (HTMR) processing of K061, K062 or F006 waste, in units identified as rotary kilns, flame reactors, electric furnaces, plasma arc furnaces, slag reactors, rotary hearth furnace/electric furnace combinations or industrial furnaces (as defined in items (vi), (vii) and (xiii) of the definition for "Industrial furnace" in Rule 0400-12-01-.01(2)(a) that are disposed in a Class I or Class II Disposal Facility subject to a permit issued in accordance with Chapter 0400-11-01, provided that these residues meet the generic exclusion levels identified in the tables in this paragraph for all constituents, and exhibit no characteristics of hazardous waste. Testing requirements must be incorporated in a facility's waste analysis plan or a generator's selfimplementing waste analysis plan; at a minimum, composite samples of residues must be collected and analyzed quarterly and/or when the process or operation generating the waste changes. Persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements.

Constituent

Maximum for any single composite sample-TCLP (mg/l)

Generic exclusion levels for K061 and K062 nonwastewater HTMR residues

Antimony

0.10

Arsenic

0.50

Barium

7.6

Beryllium

0.010

Cadmium

0.050

Chromium (total)

0.33

Lead

0.15

Mercury

0.009

Nickel

1.0

Selenium

0.16

Silver

0.30

Thallium

0.020

Zinc

70

Generic exclusion levels for F006 nonwastewater HTMR residues

Antimony

0.10

Arsenic

0.50

Barium

7.6

Beryllium

0.010

Cadmium

0.050

Chromium (total)

0.33

Cyanide (total) (mg/kg)

1.8

Lead

0.15

Mercury

0.009

Nickel

1.0

Selenium

0.16

Silver

0.30

Thallium

0.020

Zinc

70

B. A one-time notification and certification must be placed in the facility's files and sent to the Division Director for K061, K062 or F006 HTMR residues that meet the generic exclusion levels for all constituents and do not exhibit any characteristics that are sent to a Class I or Class II Disposal Facility subject to a permit issued in accordance with Chapter 0400-11-01. The notification and certification that is placed in the generators or treaters files must be updated if the process or operation generating the waste changes and/or if the Class I or Class II Disposal Facility receiving the waste changes. However, the generator or treater need only notify the Division Director on an annual basis if such changes occur. Such notification and certification should be sent to the Division Director by the end of the calendar year, but no later than December 31. The notification must include the following information: The name and address of the Class I or Class II Disposal Facility receiving the waste shipments; the Hazardous Waste Code(s) and treatability group(s) at the initial point of generation; and, the treatment standards applicable to the waste at the initial point of generation. The certification must be signed by an authorized representative and must state as follows: "I certify under penalty of law that the generic exclusion levels for all constituents have been met without impermissible dilution and that no characteristic of hazardous waste is exhibited. I am aware that there are significant penalties for submitting a false certification, including the possibility of fine and imprisonment. As specified in Tennessee Code Annotated Section 39-16-702(a)(4), this declaration is made under penalty of perjury."
IV. Biological treatment sludge from the treatment of one of the following wastes listed in subparagraph (4)(c) - organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes (Hazardous Waste Code K156), and wastewaters from the production of carbamates and carbamoyl oximes (Hazardous Waste Code K157).
V. Catalyst inert support media separated from one of the following wastes listed in subparagraph (4)(c) of this rule - Spent hydrotreating catalyst (Hazardous Waste Code K171) and Spent hydrorefining catalyst (Hazardous Waste Code K172).
4. Any solid waste described in part 3 of this subparagraph is not a hazardous waste if it meets the following criteria:
(i) In the case of any solid waste, it does not exhibit any of the characteristics of hazardous waste identified in paragraph (3) of this rule. (However, wastes that exhibit a characteristic at the point of generation may still be subject to the requirements of Rule 0400-12-01-.10, even if they no longer exhibit a characteristic at the point of land disposal.)
(ii) In the case of a waste which is a listed waste under paragraph (4) of this rule, contains a waste listed under paragraph (4) of this rule or is derived from a waste listed in paragraph (4) of this rule, it also has been excluded from part 3 of this subparagraph under Rule 0400-12-01-.01(3)(a) and (c).
5. (RESERVED) [ 40 CFR 261.3(e) ]
6. Notwithstanding parts 1 through 4 of this subparagraph and provided the debris as defined in Rule 0400-12-01-.10 does not exhibit a characteristic identified at paragraph (3) of this rule, the following materials are not subject to regulation under Rules 0400-12-01-.01 through .07, .09 and .10:
(i) Hazardous debris as defined in Rule 0400-12-01-.10 that has been treated using one of the required extraction or destruction technologies specified in Table 1 of Rule 0400-12-01-.10(3)(f); persons claiming this exclusion in an enforcement action will have the burden of proving by clear and convincing evidence that the material meets all of the exclusion requirements; or
(ii) Debris as defined in Rule 0400-12-01-.10 that the Commissioner, considering the extent of contamination, has determined is no longer contaminated with hazardous waste.
7.
(i) A hazardous waste that is listed in paragraph (4) of this rule solely because it exhibits one or more characteristics of ignitability as defined under subparagraph (3)(b) of this rule, corrosivity as defined under subparagraph (3)(c) of this rule, or reactivity as defined under subparagraph (3)(d) of this rule is not a hazardous waste, if the waste no longer exhibits any characteristic of hazardous waste identified in paragraph (3) of this rule.
(ii) The exclusion described in subpart (i) of this part also pertains to:
(I) Any mixture of a solid waste and a hazardous waste listed in paragraph (4) of this rule solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under item 1(ii)(IV) of this subparagraph; and
(II) Any solid waste generated from treating, storing, or disposing of a hazardous waste listed in paragraph (4) of this rule solely because it exhibits the characteristics of ignitability, corrosivity, or reactivity as regulated under item 3(ii)(I) of this subparagraph.
(iii) Wastes excluded under this part are subject to Rule 0400-12-01-.10 (as applicable), even if they no longer exhibit a characteristic at the point of land disposal.
(iv) Any mixture of a solid waste excluded from regulation under subpart (d)2(vii) of this paragraph and a hazardous waste listed in paragraph (4) of this rule solely because it exhibits one or more of the characteristics of ignitability, corrosivity, or reactivity as regulated under item 1(ii)(IV) of this subparagraph is not a hazardous waste, if the mixture no longer exhibits any characteristic of hazardous waste identified in paragraph (3) of this rule for which the hazardous waste listed in paragraph (4) of this rule was listed.
8.
(i) Hazardous waste containing radioactive waste is no longer a hazardous waste when it meets the eligibility criteria and conditions of paragraph (14) of Rule 0400-12-01-.09 ("eligible radioactive mixed waste").
(ii) The exemption described in subpart (i) of this part also pertains to:
(I) Any mixture of a solid waste and an eligible radioactive waste; and
(II) Any solid waste generated from treating, storing, or disposing of an eligible radioactive mixed waste.
(iii) Waste exempted under this part must meet the eligibility criteria and specified conditions in part (14)(b)6 of Rule 0400-12-01-.09 and part (14)(b)11 of Rule 0400-12-01-.09 (for storage and treatment) and in part (14)(m)1 of Rule 0400-12-01-.09 and part (14)(n)1 of Rule 0400-12-01-.09 (for transportation and disposal). Waste that fails to satisfy these eligibility criteria and conditions is regulated as hazardous waste.
(d) Exclusions [ 40 CFR 261.4 ] & [ 40 CFR 262.70 ]
1. Materials which are not solid wastes. The following materials are not solid wastes for the purpose of this rule:
(i)
(I) Domestic sewage; and
(II) Any mixture of domestic sewage and other wastes that passes through a sewer system to a publicly-owned treatment works (POTW) for treatment, except as prohibited by subparagraph (16)(f) of Rule 0400-12-01-.09 and Clean Water Act requirements at 40 CFR 403.5(b). "Domestic sewage" means untreated sanitary wastes that pass through a sewer system.

(Comment: This exclusion does not exclude waste/wastewaters while they are being generated, collected, stored, or treated before entering the sewer system. This exclusion applies when the material enters the sewer system where it will mix with sanitary wastes at any point before reaching the POTW whereupon this material is regulated under water pollution statutes and regulations. This material is subject to all applicable reporting, monitoring, and permitting requirements of the T.C.A. §§ 68-221-101, 69-3-101 to -148 and the associated regulations. Management of this material must be in compliance with all applicable authorization (permits, etc.) associated with disposal into a POTW for subsequent treatment.)

(ii) Industrial wastewater discharges that are point source discharges subject to regulation under section 402 of the Clean Water Act, as amended or under the Water Quality Control Act.

(Comment: This exclusion applies only to the actual point source discharge. It does not exclude industrial wastewaters while they are being collected, stored or treated before discharge, nor does it exclude sludges that are generated by industrial wastewater treatment.)

(iii) Irrigation return flows.
(iv) Source, special nuclear or by-product material as defined by the Atomic Energy Act of 1954, as amended, 42 U.S.C. 2011 et seq.
(v) Materials subjected to in-situ mining techniques which are not removed from the ground as part of the extraction process.
(vi) Pulping liquors (i.e., black liquor) that are reclaimed in a pulping liquor recovery furnace and then reused in the pulping process, unless it is accumulated speculatively as defined in subpart (a)3(viii) of this paragraph.
(vii) Spent sulfuric acid used to produce virgin sulfuric acid, provided it is not accumulated speculatively as defined in subpart (a)3(viii) of this paragraph.
(viii) Secondary materials that are reclaimed and returned to the original process or processes in which they were generated where they are reused in the production process provided:
(I) Only tank storage is involved, and the entire process through completion of reclamation is closed by being entirely connected with pipes or other comparable enclosed means of conveyance;
(II) Reclamation does not involve controlled flame combustion (such as occurs in boilers, industrial furnaces, or incinerators);
(III) The secondary materials are never accumulated in such tanks for over twelve months without being reclaimed; and
(IV) The reclaimed material is not used to produce a fuel, or used to produce products that are used in a manner constituting disposal.

(Note: As used in this subpart, "production process" includes those activities that tie directly into the manufacturing operation or those activities that are the primary operation at an establishment.)

(ix)
(I) Spent wood preserving solutions that have been reclaimed and are reused for their original intended purpose;
(II) Wastewaters from the wood preserving process that have been reclaimed and are reused to treat wood; and
(III) Prior to reuse, the wood preserving wastewaters and spent wood preserving solutions described in item (I) and (II) of this subpart, so long as they meet all of the following conditions:
I. The wood preserving wastewaters and spent wood preserving solutions are reused on-site at water borne plants in the production process for their original intended purpose;
II. Prior to reuse, the wastewaters and spent wood preserving solutions are managed to prevent release to either land or groundwater or both;
III. Any unit used to manage wastewaters and/or spent wood preserving solutions prior to reuse can be visually or otherwise determined to prevent such releases;
IV. Any drip pad used to manage the wastewaters and/or spent wood preserving solutions prior to reuse complies with the standards in Rule 0400-12-01-.05(23), regardless of whether the plant generates a total of less than 100 kg/month of hazardous waste; and
V. Prior to operating pursuant to this exclusion, the plant owner or operator prepares and submits to the Commissioner a one-time notification stating that the plant intends to claim the exclusion, giving the date on which the plant intends to begin operating under the exclusion, and containing the following language: "I have read the applicable regulation establishing an exclusion for wood preserving wastewaters and spent wood preserving solutions and understand it requires me to comply at all times with the conditions set out in the regulation." The plant must maintain a copy of that document in its on-site records until closure of the facility. The exclusion applies only so long as the plant meets all of the conditions. If the plant goes out of compliance with any condition, it may apply to the Commissioner for reinstatement. The Commissioner may reinstate the exclusion upon finding that the plant has returned to compliance with all conditions and that violations are not likely to recur.
(x) Hazardous Waste Codes K060, K087, K141, K142, K143, K144, K145, K147, and K148, and any wastes from the coke by-products processes that are hazardous only because they exhibit the Toxicity Characteristic (TC) specified in subparagraph (3)(e) of this rule when, subsequent to generation, these materials are recycled to coke ovens, to the tar recovery process as a feedstock to produce coal tar, or mixed with coal tar prior to the tar's sale or refining. This exclusion is conditioned on there being no land disposal of the wastes from the point they are generated to the point they are recycled to coke ovens or tar recovery or refining processes, or mixed with coal tar.
(xi) Nonwastewater splash condenser dross residue from the treatment of K061 in high temperature metals recovery units, provided it is shipped in drums (if shipped) and not land disposed before recovery.
(xii)
(I) Oil-bearing hazardous secondary materials (i.e., sludges, byproducts, or spent materials) that are generated at a petroleum refinery (SIC code 2911) and are inserted into the petroleum refining process (SIC code 2911 - including, but not limited to distillation, catalytic cracking, fractionation, or thermal cracking units (i.e., cokers)) unless the material is placed on the land, or speculatively accumulated before being so recycled. Materials inserted into thermal cracking units are excluded under this item provided that the coke product also does not exhibit a characteristic of hazardous waste. Oil-bearing hazardous secondary materials may be inserted into the same petroleum refinery where they are generated, or sent directly to another petroleum refinery, and still be excluded under this provision. Except as provided in item (II) of this subpart, oil-bearing hazardous secondary materials generated elsewhere in the petroleum industry (i.e., from sources other than petroleum refineries) are not excluded under this subpart. Residuals generated from processing or recycling materials excluded under this item, where such materials as generated would have otherwise met a listing under paragraph (4) of this rule, are designated as F037 listed wastes when disposed of or intended for disposal.
(II) Recovered oil that is recycled in the same manner and with the same conditions as described in item (I) of this subpart. Recovered oil is oil that has been reclaimed from secondary materials (including wastewater generated from normal petroleum industry practices, including refining, exploration and production, bulk storage, and transportation incident thereto (SIC codes 1311, 1321, 1381, 1382, 1389, 2911, 4612, 4613, 4922, 4923, 4789, 5171, and 5172)). Recovered oil does not include oil-bearing hazardous wastes listed in paragraph (4) of this rule; however, oil recovered from such wastes may be considered recovered oil. Recovered oil does not include used oil as defined in subparagraph (1)(a) of Rule 0400-1201-.11.
(xiii) Excluded scrap metal (processed scrap metal, unprocessed home scrap metal, and unprocessed prompt scrap metal) being recycled.
(xiv) Shredded circuit boards being recycled provided that they are:
(I) Stored in containers sufficient to prevent a release to the environment prior to recovery; and
(II) Free of mercury switches, mercury relays and nickel-cadmium batteries and lithium batteries.
(xv) Condensates derived from the overhead gases from kraft mill steam strippers that are used to comply with 40 CFR 63.446(e). The exemption applies only to combustion at the mill generating the condensates.
(xvi) Reserved.
(xvii) Spent materials (as defined in subparagraph (a) of this paragraph) (other than hazardous wastes listed in paragraph (4) of this rule) generated within the primary mineral processing industry from which minerals, acids, cyanide, water or other values are recovered by mineral processing or by beneficiation, provided that:
(I) The spent material is legitimately recycled to recover minerals, acids, cyanide, water or other values.
(II) The spent material is not accumulated speculatively.
(III) Except as provided in item (IV) of this subpart, the spent material is stored in tanks, containers, or buildings meeting the following minimum integrity standards: a building must be an engineered structure with a floor, walls, and a roof all of which are made of nonearthen materials providing structural support (except smelter buildings may have partially earthen floors provided the secondary material is stored on the non-earthen portion), and have a roof suitable for diverting rainwater away from the foundation; a tank must be free standing, not be a surface impoundment (as defined in subparagraph (2)(a) of Rule 0400-12-01-.01 ), and be manufactured of a material suitable for containment of its contents; a container must be free standing and be manufactured of a material suitable for containment of its contents. If tanks or containers contain any particulate which may be subject to wind dispersal, the owner/operator must operate these units in a manner which controls fugitive dust. Tanks, containers, and buildings must be designed, constructed and operated to prevent significant releases to the environment of these materials.
(IV) The Commissioner may make a site-specific determination, after public review and comment, that only solid mineral processing spent materials may be placed on pads, rather than in tanks, containers, or buildings. Solid mineral processing spent materials do not contain any free liquid. The decision-maker must affirm that pads are designed, constructed and operated to prevent significant releases of the spent material into the environment. Pads must provide the same degree of containment afforded by the tanks, containers and buildings eligible for exclusion as provided in item (III) of this subpart.
I. The decision-maker must also consider if storage on pads poses the potential for significant releases via groundwater, surface water, and air exposure pathways. Factors to be considered for assessing the groundwater, surface water, air exposure pathways are: the volume and physical and chemical properties of the spent material, including its potential for migration off the pad; the potential for human or environmental exposure to hazardous constituents migrating from the pad via each exposure pathway, and the possibility and extent of harm to human and environmental receptors via each exposure pathway.
II. Pads must meet the following minimum standards: be designed of non-earthen material that is compatible with the chemical nature of the mineral processing spent material, capable of withstanding physical stresses associated with placement and removal, have run-on/runoff controls, be operated in a manner which controls fugitive dust, and have integrity assurance through inspections and maintenance programs.
III. Before making a determination under this subpart, the Commissioner must provide public notice and the opportunity for comment to all persons potentially interested in the determination. This shall be accomplished by the owner or operator placing a notice as prepared and required by the Commissioner, of this action in local newspapers, or broadcasting notice over local radio stations. The owner or operator shall provide proof of the completion of all notice requirements to the Commissioner within ten days following conclusion of the public notice procedures.
(V) The owner or operator provides notice to the Commissioner, providing the following information: the types of materials to be recycled; the type and location of the storage units and recycling processes; and the annual quantities expected to be placed in land-based units. This notification must be updated when there is a change in the type of materials recycled or the location of the recycling process.
(VI) For purposes of subpart 2(vii) of this subparagraph, mineral processing spent materials must be the result of mineral processing and may not include any listed hazardous wastes. Listed hazardous wastes and characteristic hazardous wastes generated by nonmineral processing industries are not eligible for the conditional exclusion from the definition of solid waste.
(xviii) Petrochemical recovered oil from an associated organic chemical manufacturing facility, where the oil is to be inserted into the petroleum refining process (SIC code 2911) along with normal petroleum refinery process streams, provided:
(I) The oil is hazardous only because it exhibits the characteristic of ignitability (as defined in subparagraph (3)(b) of this rule) and/or toxicity for benzene (subparagraph (3)(e) of this rule, waste code D018); and
(II) The oil generated by the organic chemical manufacturing facility is not placed on the land, or speculatively accumulated before being recycled into the petroleum refining process. An "associated organic chemical manufacturing facility" is a facility where the primary SIC code is 2869, but where operations may also include SIC codes 2821, 2822, and 2865; and is physically co-located with a petroleum refinery; and where the petroleum refinery to which the oil being recycled is returned also provides hydrocarbon feedstocks to the organic chemical manufacturing facility. "Petrochemical recovered oil" is oil that has been reclaimed from secondary materials (i.e., sludges, byproducts, or spent materials, including wastewater) from normal organic chemical manufacturing operations, as well as oil recovered from organic chemical manufacturing processes.
(xix) Spent caustic solutions from petroleum refining liquid treating processes used as a feedstock to produce cresylic or naphthenic acid unless the material is placed on the land, or accumulated speculatively as defined in subpart (1)(a)3(viii) of this rule.
(xx) Hazardous secondary materials used to make zinc fertilizers, provided that the conditions specified below are satisfied:
(I) Hazardous secondary materials used to make zinc micronutrient fertilizers must not be accumulated speculatively, as defined in subpart (1)(a)3(viii) of this rule.
(II) Generators and intermediate handlers of zinc-bearing hazardous secondary materials that are to be incorporated into zinc fertilizers must:
I. Submit a one-time notice to the Commissioner which contains the name, address and installation identification number of the generator or intermediate handler facility, provides a brief description of the secondary material that will be subject to the exclusion, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this subpart.
II. Store the excluded secondary material in tanks, containers, or buildings that are constructed and maintained in a way that prevents releases of the secondary materials into the environment. At a minimum, any building used for this purpose must be an engineered structure made of non-earthen materials that provide structural support, and must have a floor, walls and a roof that prevent wind dispersal and contact with rainwater. Tanks used for this purpose must be structurally sound and, if outdoors, must have roofs or covers that prevent contact with wind and rain. Containers used for this purpose must be kept closed except when it is necessary to add or remove material, and must be in sound condition. Containers that are stored outdoors must be managed within storage areas that:
A. Have containment structures or systems sufficiently impervious to contain leaks, spills and accumulated precipitation; and
B. Provide for effective drainage and removal of leaks, spills and accumulated precipitation; and
C. Prevent run-on into the containment system.
III. With each off-site shipment of excluded hazardous secondary materials, provide written notice to the receiving facility that the material is subject to the conditions of this subpart.
IV. Maintain at the generator's or intermediate handler's facility for no less than three years records of all shipments of excluded hazardous secondary materials. For each shipment these records must at a minimum contain the following information:
A. Name of the transporter and date of the shipment;
B. Name and address of the facility that received the excluded material, and documentation confirming receipt of the shipment; and
C. Type and quantity of excluded secondary material in each shipment.
(III) Manufacturers of zinc fertilizers or zinc fertilizer ingredients made from excluded hazardous secondary materials must:
I. Store excluded hazardous secondary materials in accordance with the storage requirements for generators and intermediate handlers, as specified in subitem (II)II of this subpart.
II. Submit a one-time notification to the Commissioner that, at a minimum, specifies the name, address and installation identification number of the manufacturing facility, and identifies when the manufacturer intends to begin managing excluded, zinc-bearing hazardous secondary materials under the conditions specified in this subpart.
III. Maintain for a minimum of three (3) years records of all shipments of excluded hazardous secondary materials received by the manufacturer, which must at a minimum identify for each shipment the name and address of the generating facility, name of the transporter and the date the materials were received, the quantity received, and a brief description of the industrial process that generated the material.
IV. Submit to the Commissioner an annual report that identifies the total quantities of all excluded hazardous secondary materials that were used to manufacture zinc fertilizers or zinc fertilizer ingredients in the previous year, the name and address of each generating facility, and the industrial process(es) from which they were generated.
(IV) Nothing in this subpart preempts, overrides or otherwise negates the provision in subparagraph (1)(b) of Rule 0400-12-01-.03 which requires any person who generates a solid waste to determine if that waste is a hazardous waste.
(V) Interim status and permitted storage units that have been used to store only zinc-bearing hazardous wastes prior to the submission of the one-time notice described in subitem (II)I of this subpart, and that afterward will be used only to store hazardous secondary materials excluded under this subpart, are not subject to the closure requirements of Rules 0400-12-01-.05 and .06.
(xxi) Zinc fertilizers made from hazardous wastes, or hazardous secondary materials that are excluded under subpart (xx) of this part, provided that:
(I) The fertilizers meet the following contaminate limits:
I. For metal contaminants:

Constituent

Maximum Allowable Total Concentration in Fertilizer, per Unit (1%) of Zinc (ppm)

Arsenic

0.3

Cadmium

1.4

Chromium

0.6

Lead

2.8

Mercury

0.3

II. For dioxin contaminants the fertilizer must contain no more than eight (8) parts per trillion of dioxin, measured as toxic equivalent (TEQ).
(II) The manufacturer performs sampling and analysis of the fertilizer product to determine compliance with the contaminant limits for metals no less than every six months, and for dioxins no less than every twelve months. Testing must also be performed whenever changes occur to manufacturing processes or ingredients that could significantly affect the amounts of contaminants in the fertilizer product. The manufacturer may use any reliable analytical method to demonstrate that no constituent of concern is present in the product at concentrations above the applicable limits. It is the responsibility of the manufacturer to ensure that the sampling and analysis are unbiased, precise, and representative of the product(s) introduced into commerce.
(III) The manufacturer maintains for no less than three years records of all sampling and analyses performed for purposes of determining compliance with the requirements of item (II) of this subpart. Such records must at a minimum include:
I. The dates and times product samples were taken, and the dates the samples were analyzed;
II. The names and qualifications of the person(s) taking the samples;
III. A description of the methods and equipment used to take the samples;
IV. The name and address of the laboratory facility at which analyses of the samples were performed;
V. A description of the analytical methods used, including any cleanup and sample preparation methods; and
VI. All laboratory analytical results used to determine compliance with the contaminant limits specified in this subpart.
(xxii) Used cathode ray tubes (CRTs)
(I) Used, intact CRTs as defined in subparagraph (2)(a) of Rule 0 40012-01-.01 are not solid wastes within the United States unless they are disposed, or unless they are speculatively accumulated as defined in subpart (1)(a)3(viii) of this rule by CRT collectors or glass processors.
(II) Used, intact CRTs as defined in subparagraph (2)(a) of Rule 0 40012-01-.01 are not solid wastes when exported for recycling provided that they meet the requirements of subparagraph (5)(c) of this rule.
(III) Used, broken CRTs as defined in subparagraph (2)(a) of Rule 0 40012-01-.01 are not solid wastes provided that they meet the requirements of subparagraph (5)(b) of this rule.
(IV) Glass removed from CRTs is not a solid waste provided that it meets the requirements of part (5)(b)3 of this rule.
(xxiii) Hazardous secondary material generated and legitimately reclaimed within the United States or its territories and under the control of the generator, provided that the material complies with items (I) and (II) of this subpart:
(I)
I. The hazardous secondary material is generated and reclaimed at the generating facility (for purposes of this definition, generating facility means all contiguous property owned, leased, or otherwise controlled by the hazardous secondary material generator); or
II. The hazardous secondary material is generated and reclaimed at different facilities, if the reclaiming facility is controlled by the generator or if both the generating facility and the reclaiming facility are controlled by a person as defined in subparagraph (2)(a) of Rule 0400-12-01-.01, and if the generator provides one of the following certifications: "on behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], which is controlled by [insert generator facility name] and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material; and as specified in Tennessee Code Annotated Section 39-16-702(a)(4), this declaration is made under penalty of perjury," or "on behalf of [insert generator facility name], I certify that this facility will send the indicated hazardous secondary material to [insert reclaimer facility name], that both facilities are under common control, and that [insert name of either facility] has acknowledged full responsibility for the safe management of the hazardous secondary material; and as specified in Tennessee Code Annotated Section 39-16-702(a)(4), this declaration is made under penalty of perjury." For purposes of this subitem, "control" means the power to direct the policies of the facility, whether by the ownership of stock, voting rights, or otherwise, except that contractors who operate facilities on behalf of a different person as defined in subparagraph (2)(a) of Rule 0400-12-01-.01 shall not be deemed to "control" such facilities. The generating and receiving facilities must both maintain at their facilities for no less than three years records of hazardous secondary materials sent or received under this exclusion. In both cases, the records must contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received under the exclusion. These requirements may be satisfied by routine business records (e.g., financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations); or
III. The hazardous secondary material is generated pursuant to a written contract between a tolling contractor and a toll manufacturer and is reclaimed by the tolling contractor, if the tolling contractor certifies the following: "On behalf of [insert tolling contractor name], I certify that [insert tolling contractor name] has a written contract with [insert toll manufacturer name] to manufacture [insert name of product or intermediate] which is made from specified unused materials, and that [insert tolling contractor name] will reclaim the hazardous secondary materials generated during this manufacture. On behalf of [insert tolling contractor name], I also certify that [insert tolling contractor name] retains ownership of, and responsibility for, the hazardous secondary materials that are generated during the course of the manufacture, including any releases of hazardous secondary materials that occur during the manufacturing process. As specified in Tennessee Code Annotated Section 39-16-702(a)(4), this declaration is made under penalty of perjury." The tolling contractor must maintain at its facility for no less than three years records of hazardous secondary materials received pursuant to its written contract with the tolling manufacturer, and the tolling manufacturer must maintain at its facility for no less than three years records of hazardous secondary materials shipped pursuant to its written contract with the tolling contractor. In both cases, the records must contain the name of the transporter, the date of the shipment, and the type and quantity of the hazardous secondary material shipped or received pursuant to the written contract. These requirements may be satisfied by routine business records (e.g., financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations). For purposes of this subitem, tolling contractor means a person who arranges for the production of a product or intermediate made from specified unused materials through a written contract with a toll manufacturer. Toll manufacturer means a person who produces a product or intermediate made from specified unused materials pursuant to a written contract with a tolling contractor.
(II)
I. The hazardous secondary material is contained as defined in subparagraph (2)(a) of Rule 0400-12-01-.01. A hazardous secondary material released to the environment is discarded and a solid waste unless it is immediately recovered for the purpose of reclamation. Hazardous secondary material managed in a unit with leaks or other continuing or intermittent unpermitted releases is discarded and a solid waste.
II. The hazardous secondary material is not speculatively accumulated, as defined in subpart (a)3(viii) of this paragraph.
III. Notice is provided as required by subparagraph (5)(c) of Rule 0400-12-01-.01.
IV. The material is not otherwise subject to material-specific management conditions under part 1 of this subparagraph when reclaimed, and it is not a spent lead-acid battery (see subparagraph (7)(a) of Rule 0400-12-01-.09 and subparagraph (1)(d) of Rule 0400-12-01-.12 ).
V. Persons performing the recycling of hazardous secondary materials under this exclusion must maintain documentation of their legitimacy determination on-site. Documentation must be a written description of how the recycling meets all three factors in part (5)(d)1 of Rule 0400-12-01-.01 and how the factor in part (5)(d)2 of Rule 0400-12-01-.01 was considered. Documentation must be maintained for three years after the recycling operation has ceased.
VI. The emergency preparedness and response requirements found in paragraph (13) of this rule are met.
(xxiv) Hazardous secondary material that is generated and then transferred to another person for the purpose of reclamation is not a solid waste, provided that:
(I) The material is not speculatively accumulated, as defined in subpart (a)3(viii) of this paragraph;
(II) The material is not handled by any person or facility other than the hazardous secondary material generator, the transporter, an intermediate facility or a reclaimer, and, while in transport, is not stored for more than 10 days at a transfer facility, as defined in subparagraph (2)(a) of Rule 0400-12-01-.01, and is packaged according to applicable Department of Transportation regulations at 49 CFR parts 173, 178, and 179 while in transport;
(III) The material is not otherwise subject to material-specific management conditions under part 1 of this subparagraph when reclaimed, and it is not a spent lead-acid battery (see subparagraph (7)(a) of Rule 0400-12-01-.09 and subparagraph (1)(d) of Rule 0 40012-01-.12 );
(IV) The reclamation of the material is legitimate, as specified under subparagraph (5)(d) of Rule 0400-12-01-.01;
(V) The hazardous secondary material generator satisfies all of the following conditions:
I. The material must be contained as defined in subparagraph (2)(a) of Rule 0400-12-01-.01. A hazardous secondary material released to the environment is discarded and a solid waste unless it is immediately recovered for the purpose of recycling. Hazardous secondary material managed in a unit with leaks or other continuing releases is discarded and a solid waste.
II. Prior to arranging for transport of hazardous secondary materials to a reclamation facility (or facilities) where the management of the hazardous secondary materials is not addressed under a Part B permit issued under Rule 0400-1201-.07 or interim status standards under Rule 0400-12-01-.05 or, if not in Tennessee, not addressed under a RCRA Part B permit or interim status standards in another state, the hazardous secondary material generator must make reasonable efforts to ensure that each reclaimer intends to properly and legitimately reclaim the hazardous secondary material and not discard it, and that each reclaimer will manage the hazardous secondary material in a manner that is protective of human health and the environment. If the hazardous secondary material will be passing through an intermediate facility where the management of the hazardous secondary materials is not addressed under a Part B permit issued under Rule 0400-12-01-.07 or interim status standards under Rule 0400-12-01-.05, or, if not in Tennessee, not addressed under a RCRA Part B permit or interim status standards in another state, the hazardous secondary material generator must make contractual arrangements with the intermediate facility to ensure that the hazardous secondary material is sent to the reclamation facility identified by the hazardous secondary material generator, and the hazardous secondary material generator must perform reasonable efforts to ensure that the intermediate facility will manage the hazardous secondary material in a manner that is protective of human health and the environment. Reasonable efforts must be repeated at a minimum of every three years for the hazardous secondary material generator to claim the exclusion and to send the hazardous secondary materials to each reclaimer and any intermediate facility. In making these reasonable efforts, the generator may use any credible evidence available, including information gathered by the hazardous secondary material generator, provided by the reclaimer or intermediate facility, and/or provided by a third party. The hazardous secondary material generator must affirmatively answer all of the following questions for each reclamation facility and any intermediate facility:
A. Does the available information indicate that the reclamation process is legitimate pursuant to subparagraph (5)(d) of Rule 0400-12-01-.01 ? In answering this question, the hazardous secondary material generator can rely on their existing knowledge of the physical and chemical properties of the hazardous secondary material, as well as information from other sources (e.g., the reclamation facility, audit reports, etc.) about the reclamation process.
B.
(A) For a reclamation facility or intermediate facility located in Tennessee, does the publicly available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator notified the Commissioner of hazardous secondary materials reclamation activities pursuant to subparagraph (5)(c) of Rule 0400-12-01-.01, and have they notified the Commissioner that the financial assurance condition is satisfied per item (VI)VI of this subpart? In answering these questions, the hazardous secondary material generator can rely on the available information documenting the reclamation facility's and any intermediate facility's compliance with the notification requirements per subparagraph (5)(c) of Rule 0400-12-01-.01, including the requirement in subpart (5)(c)1(v) of Rule 0400-12-01-.01 to notify the Commissioner whether the reclaimer or intermediate facility has financial assurance.
(B) For a reclamation facility or intermediate facility located in a state other than Tennessee, does the publicly available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator notified the appropriate authorities of hazardous secondary materials reclamation activities pursuant to 40 CFR 260.42, or an authorized state equivalent, and have they notified the appropriate authorities that the financial assurance condition is satisfied per 40 CFR 261.4(a)(24)(vi)(F), or an authorized state equivalent? In answering these questions, the hazardous secondary material generator can rely on the available information documenting the reclamation facility's and any intermediate facility's compliance with the notification requirements per 40 CFR 260.42, or an authorized state equivalent, including the requirement in 40 CFR 260.42(a)(5), or an authorized state equivalent, to notify the appropriate authorities whether the reclaimer or intermediate facility has financial assurance.
C. Does publicly available information indicate that the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has not had any formal enforcement actions taken against the facility in the previous three years for violations of the RCRA hazardous waste regulations and has not been classified as a significant non-complier with RCRA Subtitle C? In answering this question, the hazardous secondary material generator can rely on the publicly available information from EPA or the department. If the reclamation facility or any intermediate facility that is used by the hazardous secondary material generator has had a formal enforcement action taken against the facility in the previous three years for violations of the RCRA hazardous waste regulations and has been classified as a significant non-complier with RCRA Subtitle C, does the hazardous secondary material generator have credible evidence that the facilities will manage the hazardous secondary materials properly? In answering this question, the hazardous secondary material generator can obtain additional information from EPA, the department, or the facility itself that the facility has addressed the violations, taken remedial steps to address the violations and prevent future violations, or that the violations are not relevant to the proper management of the hazardous secondary materials.
D. Does the available information indicate that the reclamation facility and any intermediate facility that is used by the hazardous secondary material generator have the equipment and trained personnel to safely recycle the hazardous secondary material? In answering this question, the generator may rely on a description by the reclamation facility or by an independent third party of the equipment and trained personnel to be used to recycle the generator's hazardous secondary material.
E. If residuals are generated from the reclamation of the excluded hazardous secondary materials, does the reclamation facility have the permits required (if any) to manage the residuals? If not, does the reclamation facility have a contract with an appropriately permitted facility to dispose of the residuals? If not, does the hazardous secondary material generator have credible evidence that the residuals will be managed in a manner that is protective of human health and the environment? In answering these questions, the hazardous secondary material generator can rely on publicly available information from EPA or the department, or information provided by the facility itself.
III. The hazardous secondary material generator must maintain for a minimum of three years documentation and certification that reasonable efforts were made for each reclamation facility and, if applicable, intermediate facility where the management of the hazardous secondary materials is not addressed under a Part B permit issued under Rule 0400-12-01-.07 or interim status standards under Rule 0400-12-01-.05, or, if not in Tennessee, not addressed under a RCRA Part B permit or interim status standards in another state prior to transferring hazardous secondary material. Documentation and certification must be made available upon request by the Commissioner within 72 hours, or within a longer period of time as specified by the Commissioner. The certification statement must:
A. Include the printed name and official title of an authorized representative of the hazardous secondary material generator company, the authorized representative's signature, and the date signed;
B. Incorporate the following language: "I hereby certify in good faith and to the best of my knowledge that, prior to arranging for transport of excluded hazardous secondary materials to [insert name(s) of reclamation facility and any intermediate facility], reasonable efforts were made in accordance with subitem (1)(d)1(xxiv)(V)II of Rule 0400-12-01-.02 to ensure that the hazardous secondary materials would be recycled legitimately, and otherwise managed in a manner that is protective of human health and the environment, and that such efforts were based on current and accurate information.".
IV. The hazardous secondary material generator must maintain at the generating facility for no less than three years records of all off-site shipments of hazardous secondary materials. For each shipment, these records must, at a minimum, contain the following information:
A. Name of the transporter and date of the shipment;
B. Name and address of each reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent; and
C. The type and quantity of hazardous secondary material in the shipment.
V. The hazardous secondary material generator must maintain at the generating facility for no less than three years confirmations of receipt from each reclaimer and, if applicable, each intermediate facility for all off-site shipments of hazardous secondary materials. Confirmations of receipt must include the name and address of the reclaimer (or intermediate facility), the type and quantity of the hazardous secondary materials received and the date which the hazardous secondary materials were received. This requirement may be satisfied by routine business records (e.g., financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt);
VI. The hazardous secondary material generator must comply with the emergency preparedness and response conditions in paragraph (13) of this rule.
(VI) Reclaimers of hazardous secondary material excluded from regulation under this exclusion and intermediate facilities, as defined in subparagraph (2)(a) of Rule 0400-12-01-.01, satisfy all of the following conditions:
I. The reclaimer and intermediate facility must maintain at its facility for no less than three years records of all shipments of hazardous secondary material that were received at the facility and, if applicable, for all shipments of hazardous secondary materials that were received and subsequently sent off-site from the facility for further reclamation. For each shipment, these records must at a minimum contain the following information:
A. Name of the transporter and date of the shipment;
B. Name and address of the hazardous secondary material generator and, if applicable, the name and address of the reclaimer or intermediate facility which the hazardous secondary materials were received from;
C. The type and quantity of hazardous secondary material in the shipment; and
D. For hazardous secondary materials that, after being received by the reclaimer or intermediate facility, were subsequently transferred off-site for further reclamation, the name and address of the (subsequent) reclaimer and, if applicable, the name and address of each intermediate facility to which the hazardous secondary material was sent.
II. The intermediate facility must send the hazardous secondary material to the reclaimer(s) designated by the hazardous secondary materials generator.
III. The reclaimer and intermediate facility must send to the hazardous secondary material generator confirmations of receipt for all off-site shipments of hazardous secondary materials, within 30 days of receipt. Confirmations of receipt must include the name and address of the reclaimer (or intermediate facility), the type and quantity of the hazardous secondary materials received and the date which the hazardous secondary materials were received. This requirement may be satisfied by routine business records (e.g., financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt).
IV. The reclaimer and intermediate facility must manage the hazardous secondary material in a manner that is at least as protective as that employed for analogous raw material and must be contained as defined in subparagraph (2)(a) of Rule 0400-12-01-.01. An "analogous raw material"' is a raw material for which a hazardous secondary material is a substitute and serves the same function and has similar physical and chemical properties as the hazardous secondary material.
V. The intermediate or reclamation facility must comply with the emergency preparedness and response conditions of paragraph (13) of this rule.
VI. Any residuals that are generated from reclamation processes will be managed in a manner that is protective of human health and the environment. If any residuals exhibit a hazardous characteristic according to paragraph (3) of this rule, or if they themselves are specifically listed in paragraph (4) of this rule, such residuals are hazardous wastes and must be managed in accordance with the applicable requirements of Rules 0 40012-01-.01 through 0400-12-01-.10.
VII. The reclaimer and intermediate facility have financial assurance as required under paragraph (8) of this rule.
(VII) In addition, all persons claiming the exclusion under this subpart must provide notification as required under subparagraph (5)(c) of Rule 0400-12-01-.01.
(xxv) Hazardous secondary material that is exported from the United States and reclaimed at a reclamation facility located in a foreign country is not a solid waste, provided that the hazardous secondary material generator complies with the applicable requirements of items (xxiv)(I) through (V) of this part (excepting section (xxiv)(V)II.B of this part for foreign reclaimers and foreign intermediate facilities), and that the hazardous secondary material generator also complies with the following requirements:
(I) Notify EPA of an intended export before the hazardous secondary material is scheduled to leave the United States. A complete notification must be submitted at least 60 days before the initial shipment is intended to be shipped off-site. This notification may cover export activities extending over a 12-month or lesser period. The notification must be in writing, signed by the hazardous secondary material generator, and include the following information:
I. Name, mailing address, telephone number and EPA ID number (if applicable) of the hazardous secondary material generator;
II. A description of the hazardous secondary material and the EPA hazardous waste number that would apply if the hazardous secondary material was managed as hazardous waste and the U.S. DOT proper shipping name, hazard class and ID number (UN/NA) for each hazardous secondary material as identified in 49 CFR Parts 171 through 177;
III. The estimated frequency or rate at which the hazardous secondary material is to be exported and the period of time over which the hazardous secondary material is to be exported;
IV. The estimated total quantity of hazardous secondary material;
V. All points of entry to and departure from each foreign country through which the hazardous secondary material will pass;
VI. A description of the means by which each shipment of the hazardous secondary material will be transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.));
VII. A description of the manner in which the hazardous secondary material will be reclaimed in the country of import;
VIII. The name and address of the reclaimer, any intermediate facility, and any alternate reclaimer and intermediate facilities; and
IX. The name of any countries of transit through which the hazardous secondary material will be sent and a description of the approximate length of time it will remain in such countries and the nature of its handling while there (for purposes of this subpart, the terms "EPA Acknowledgement of Consent", "country of import", and "country of transit" are used as defined in subparagraph (9)(b) of Rule 0400-12-01-.03, with the exception that the terms in this subpart refer to hazardous secondary materials, rather than hazardous waste).
(II) Notifications must be submitted electronically using EPA's Waste Import Export Tracking System (WIETS), or its successor system.
(III) Except for changes to the telephone number in subitem (I)I of this subpart and decreases in the quantity of hazardous secondary material indicated pursuant to subitem (I)IV of this subpart, when the conditions specified on the original notification change (including any exceedance of the estimate of the quantity of hazardous secondary material specified in the original notification), the hazardous secondary material generator must provide EPA with a written renotification of the change. The shipment cannot take place until consent of the country of import to the changes (except for changes to subitem (I)IX of this subpart and in the ports of entry to and departure from countries of transit pursuant to subitem (I)V of this subpart) has been obtained and the hazardous secondary material generator receives from EPA an EPA Acknowledgment of Consent reflecting the country of import's consent to the changes.
(IV) Upon request by EPA, the hazardous secondary material generator shall furnish to EPA any additional information which a country of import requests in order to respond to a notification.
(V) EPA will provide a complete notification to the country of import and any countries of transit. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of item (I) of this subpart. Where a claim of confidentiality is asserted with respect to any notification information required by item (I) of this subpart, EPA may find the notification not complete until any such claim is resolved in accordance with 40 CFR 260.2.
(VI) The export of hazardous secondary material under this subpart is prohibited unless the country of import consents to the intended export. When the country of import consents in writing to the receipt of the hazardous secondary material, EPA will send an EPA Acknowledgment of Consent to the hazardous secondary material generator. Where the country of import objects to receipt of the hazardous secondary material or withdraws a prior consent, EPA will notify the hazardous secondary material generator in writing. EPA will also notify the hazardous secondary material generator of any responses from countries of transit.
(VII) For exports to OECD Member countries, the receiving country may respond to the notification using tacit consent. If no objection has been lodged by any country of import or countries of transit to a notification provided pursuant to item (I) of this subpart within 30 days after the date of issuance of the acknowledgement of receipt of notification by the competent authority of the country of import, the transboundary movement may commence. In such cases, EPA will send an EPA Acknowledgment of Consent to inform the hazardous secondary material generator that the country of import and any relevant countries of transit have not objected to the shipment, and are thus presumed to have consented tacitly. Tacit consent expires one calendar year after the close of the 30-day period; re-notification and renewal of all consents is required for exports after that date.
(VIII) A copy of the EPA Acknowledgment of Consent must accompany the shipment. The shipment must conform to the terms of the EPA Acknowledgment of Consent.
(IX) If a shipment cannot be delivered for any reason to the reclaimer, intermediate facility or the alternate reclaimer or alternate intermediate facility, the hazardous secondary material generator must re-notify EPA of a change in the conditions of the original notification to allow shipment to a new reclaimer in accordance with item (III) of this subpart and obtain another EPA Acknowledgment of Consent.
(X) Hazardous secondary material generators must keep a copy of each notification of intent to export and each EPA Acknowledgment of Consent for a period of three years following receipt of the EPA Acknowledgment of Consent. They may satisfy this recordkeeping requirement by retaining electronically submitted notifications or electronically generated Acknowledgements in their account on EPA's Waste Import Export Tracking System (WIETS), or its successor system, provided that such copies are readily available for viewing and production if requested by any EPA or department inspector. No hazardous secondary material generator may be held liable for the inability to produce a notification or Acknowledgement for inspection under this subpart if they can demonstrate that the inability to produce such copies are due exclusively to technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or its successor system for which the hazardous secondary material generator bears no responsibility.
(XI) Hazardous secondary material generators must file with the Administrator no later than March 1 of each year, a report summarizing the types, quantities, frequency and ultimate destination of all hazardous secondary materials exported during the previous calendar year. Annual reports must be submitted electronically using EPA's Waste Import Export Tracking System (WIETS), or its successor system. Such reports must include the following information:
I. Name, mailing and site address, and EPA ID number (if applicable) of the hazardous secondary material generator;
II. The calendar year covered by the report;
III. The name and site address of each reclaimer and intermediate facility;
IV. By reclaimer and intermediate facility, for each hazardous secondary material exported, a description of the hazardous secondary material and the EPA hazardous waste number that would apply if the hazardous secondary material was managed as hazardous waste, the DOT hazard class, the name and U.S. EPA ID number (where applicable) for each transporter used, the total amount of hazardous secondary material shipped and the number of shipments pursuant to each notification;
V. A certification signed by the hazardous secondary material generator which states: "I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents, and that based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment."
(XII) All persons claiming an exclusion under this subpart must provide notification as required by subparagraph (5)(c) of Rule 0400-12-01.01.
(xxvi) Solvent-contaminated wipes that are sent for cleaning and reuse are not solid 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 cleaning;
(III) At the point of being sent for cleaning on-site or at the point of being transported off-site for cleaning, 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 0 40012-01-.12;
(V) Generators shall maintain at their site the following documentation:
I. Name and address of the laundry or dry cleaner 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 the solvent-contaminated wipes contain no free liquids at the point of being laundered or dry cleaned on-site or at the point of being transported off-site for laundering or dry cleaning; and
(VI) The solvent-contaminated wipes are sent to a laundry or dry cleaner whose discharge, if any, is regulated under T.C.A. §§ 69-3-101 et seq., or sections 301 and 402 or section 307 of the Clean Water Act.
(xxvii) Hazardous secondary material that is generated and then transferred to another person for the purpose of remanufacturing is not a solid waste, provided that:
(I) The hazardous secondary material consists of one or more of the following spent solvents: Toluene, xylenes, ethylbenzene, 1,2,4-trimethylbenzene, chlorobenzene, n-hexane, cyclohexane, methyl tert-butyl ether, acetonitrile, chloroform, chloromethane, dichloromethane, methyl isobutyl ketone, NN-dimethylformamide, tetrahydrofuran, n-butyl alcohol, ethanol, and/or methanol;
(II) The hazardous secondary material originated from using one or more of the solvents listed in item (I) of this subpart in a commercial grade for reacting, extracting, purifying, or blending chemicals (or for rinsing out the process lines associated with these functions) in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints and coatings manufacturing sectors (NAICS 325510).
(III) The hazardous secondary material generator sends the hazardous secondary material spent solvents listed in item (I) of this subpart to a remanufacturer in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints and coatings manufacturing sectors (NAICS 325510).
(IV) After remanufacturing one or more of the solvents listed in item (I) of this subpart, the use of the remanufactured solvent shall be limited to reacting, extracting, purifying, or blending chemicals (or for rinsing out the process lines associated with these functions) in the pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and the paints and coatings manufacturing sectors (NAICS 325510) or to using them as ingredients in a product. These allowed uses correspond to chemical functional uses enumerated under the Chemical Data Reporting Rule of the Toxic Substances Control Act (40 CFR parts 704, 710711) , including Industrial Function Codes U015 (solvents consumed in a reaction to produce other chemicals) and U030 (solvents become part of the mixture);
(V) After remanufacturing one or more of the solvents listed in item (I) of this subpart, the use of the remanufactured solvent does not involve cleaning or degreasing oil, grease, or similar material from textiles, glassware, metal surfaces, or other articles. (These disallowed continuing uses correspond to chemical functional uses in Industrial Function Code U029 under the Chemical Data Reporting Rule of the Toxics Substances Control Act.); and
(VI) Both the hazardous secondary material generator and the remanufacturer must:
I. Notify EPA or the State Director, if the state is authorized for the program, and update the notification every two years per subparagraph (5)(c) of Rule 0400-12-01-.01;
II. Develop and maintain an up-to-date remanufacturing plan which identifies:
A. The name, address and EPA ID number of the generator(s) and the remanufacturer(s);
B. The types and estimated annual volumes of spent solvents to be remanufactured;
C. The processes and industry sectors that generate the spent solvents;
D. The specific uses and industry sectors for the remanufactured solvents; and
E. A certification from the remanufacturer stating "on behalf of [insert remanufacturer facility name], I certify that this facility is a remanufacturer under pharmaceutical manufacturing (NAICS 325412), basic organic chemical manufacturing (NAICS 325199), plastics and resins manufacturing (NAICS 325211), and/or the paints and coatings manufacturing sectors (NAICS 325510), and will accept the spent solvent(s) for the sole purpose of remanufacturing into commercial-grade solvent(s) that will be used for reacting, extracting, purifying, or blending chemicals (or for rinsing out the process lines associated with these functions) or for use as product ingredient(s). I also certify that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Tennessee Air Quality Act regulations under Rule Division 1200-03, or, absent such Air Quality Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in paragraphs (27) (vents), (28) (equipment) and (29) (tank storage).";
III. Maintain records of shipments and confirmations of receipts for a period of three years from the dates of the shipments;
IV. Prior to remanufacturing, store the hazardous spent solvents in tanks or containers that meet technical standards found in paragraphs (9) and (10) of this rule, with the tanks and containers being labeled or otherwise having an immediately available record of the material being stored;
V. During remanufacturing, and during storage of the hazardous secondary materials prior to remanufacturing, the remanufacturer certifies that the remanufacturing equipment, vents, and tanks are equipped with and are operating air emission controls in compliance with the appropriate Tennessee Air Quality Act regulations under Rule Division 1200-03; or, absent such Air Quality Act standards for the particular operation or piece of equipment covered by the remanufacturing exclusion, are in compliance with the appropriate standards in paragraphs (27) (vents), (28) (equipment) and (29) (tank storage); and
VI. Meet the requirements prohibiting speculative accumulation per subpart (a)3(viii) of this paragraph.
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 codisposed 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 it is shown by a waste generator or by waste generators by petitioning the Commissioner for a general variance in accordance with subparagraph (4)(a) of Rule 0400-1201-.01 that:
I. The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium; and
II. The waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly exclusively), and the process does not generate hexavalent chromium; and
III. The waste is typically and frequently managed in non-oxidizing environments.
(II) Specific wastes which meet the standard in subitems (I)I through III 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.
IX. Spent leather personal protective equipment (for example, used foot wear, gloves and aprons manufactured by the leather tanning industry, the shoe manufacturing industry, and other leather product manufacturing industries), provided these spent materials do not contain or are not mixed with a waste that meets a listing description in paragraph (4) of this rule.
X. Off-Gas residues, ventilation system pre-filters, enclosure pre filters, ceramic filters, and HEPA filter enclosures generated at Nuclear Fuel Services, Inc., located in Erwin, Tennessee, from Highly Enriched Uranium (HEU) processing operations regulated by the Nuclear Regulatory Commission (NRC) that are contaminated with chromium that is exclusively (or nearly exclusively) trivalent chromium, which is not hazardous waste for any other characteristic, and provided the generator:
A. Disposes of the waste at a properly authorized radiological disposal facility;
B. Annually recertifies the accuracy of the information in a letter to the Commissioner that there has been no change in the waste streams or the process generating the wastes since the effective date of this exemption;
C. Submits all re-certifications as required by subitem II of this item by March 1 of each succeeding year following the effective date of this exemption; and
D. Submits a new petition and fee to the Commissioner for review within 30 days of a change in the waste stream(s) or the process generating the waste(s) which may impact the waste(s) continuing to meet the criteria of item (i) of this subpart.
(III) A waste generator or waste generators submitting a petition in accordance with item (I) of this subpart must pay the fee required by paragraph (11) of Rule 0400-12-01-.08.
(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 0 40012-01-.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 or 40 CFR Part 258 , including Rule 0400-11-01.04 regarding a Class I disposal facility or 40 CFR 258.40, or to a hazardous waste landfill regulated under Rules 0400-12-01.05 or 0400-12-01-.06 or 40 CFR Parts 264 or 265, or comparable rules of an EPA-authorized state; or
II. To a municipal waste combustor or other combustion facility regulated under T.C.A. title 68, chapter 201, part 1, or section 129 of the Clean Air Act, 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 or regulated under 40 CFR Parts 264 or 265, or 40 CFR Part 266, Subpart H, or comparable rules of an EPA-authorized state.
3. Hazardous Wastes Which Are Exempted From Certain Regulations
(i) A hazardous waste which is generated in a product or raw material storage tank, a product or raw material transport vehicle or vessel, a product or raw material pipeline, or in a manufacturing process unit or an associated non-waste-treatment manufacturing unit, is not subject to regulation under these rules except as specified in subpart (ii) of this part until it exits the unit in which it was generated, unless the unit is a surface impoundment, or unless the hazardous waste remains in the unit more than 90 days after the unit ceases to be operated for manufacturing, or for storage or transportation of product or raw materials.
(ii) A hazardous waste as described in subpart (i) of this part shall be subject to the generator notification requirement of Rule 0400-12-01-.03(2), and shall be subject to such requirement irrespective of how the waste is managed after it exits the units in which it was generated (e.g., even if it exits directly into a domestic sewer system), except as provided otherwise in Rule 0400-12-01-.03(2)(a) 2. Such a waste shall also be subject to the annual reporting requirements of Rule 0400-12-01-.03(5)(b) for the years in which it is removed from the units in which it was generated.
4. Samples
(i) Except as provided in subparts (ii) and (iv) of this part, a sample of solid waste or a sample of water, soil, or air, which is collected for the sole purpose of testing to determine its characteristics or composition, is not subject to any requirements of these rules when:
(I) The sample is being transported to a laboratory for the purpose of testing; or
(II) The sample is being transported back to the sample collector after testing; or
(III) The sample is being stored by the sample collector before transport to a laboratory for testing; or
(IV) The sample is being stored in a laboratory before testing; or
(V) The sample is being stored in a laboratory after testing but before it is returned to the sample collector; or
(VI) The sample is being stored temporarily in the laboratory after testing for a specific purpose (for example, until the conclusion of a court case or enforcement action where further testing of the sample may be necessary).
(ii) In order to qualify for the exemption in items (i)(I) and (II) of this part a sample collector shipping samples to a laboratory and a laboratory returning samples to a sample collector must:
(I) Comply with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or
(II) Comply with the following requirements if the sample collector determines that DOT, USPS, or other shipping requirements do not apply to the shipment of the sample:
I. Assure that the following information accompanies the sample:
A. The sample collector's name, mailing address, and telephone number;
B. The laboratory's name, mailing address, and telephone number;
C. The quantity of the sample;
D. The date of shipment; and
E. A description of the sample.
II. Package the sample so that it does not leak, spill, or vaporize from its packaging.
(iii) This exemption does not apply if the laboratory determines that the waste is hazardous but the laboratory is no longer meeting any of the conditions stated in subpart (i) of this part.
(iv) In order to qualify for the exemption in items (i)(I) and (II) of the part, the mass of a sample that will be exported to a foreign laboratory or that will be imported to a U.S. laboratory from a foreign source must additionally not exceed 25 kg (55.12 lbs.).
5. Treatability Study Samples
(i) Except as provided in subparts (ii) and (iv) of this part, persons who generate or collect samples for the purpose of conducting treatability studies as defined in subparagraph (2)(a) of Rule 0400-12-01-.01 are not subject to any requirement of Rules 0400-12-01-.02, 0400-12-01-.03, and 0400-12-01-.04, or to the notification requirement of paragraph (2) of Rule 0400-12-01-.03, nor are such samples included in the quantity determinations of subparagraph (1)(d) of Rule 0400-12-01-.03 when:
(I) The sample is being collected and prepared for transportation by the generator or sample collector; or
(II) The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility; or
(III) The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.
(ii) The exemption in subpart (i) of this part is applicable to samples of hazardous waste being collected and shipped for the purpose of conducting treatability studies provided that:
(I) The generator or sample collector uses (in "treatability studies") no more than 10,000 kg of media contaminated with non-acute hazardous waste, 1000 kg of non-acute hazardous waste other than contaminated media, 1 kg of acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste for each process being evaluated for each generated waste stream; and
(II) The mass of each sample shipment does not exceed 10,000 kg; the 10,000 kg quantity may be all media contaminated with non-acute hazardous waste, or may include 2500 kg of media contaminated with acute hazardous waste, 1000 kg of hazardous waste, and 1 kg of acute hazardous waste; and
(III) The sample must be packaged so that it will not leak, spill, or vaporize from its packaging during shipment and the requirements of subitem I or II of this part are met.
I. The transportation of each sample shipment complies with U.S. Department of Transportation (DOT), U.S. Postal Service (USPS), or any other applicable shipping requirements; or
II. If the DOT, USPS, or other shipping requirements do not apply to the shipment of the sample, the following information must accompany the sample:
A. The name, mailing address, and telephone number of the originator of the sample;
B. The name, address, and telephone number of the facility that will perform the treatability study;
C. The quantity of the sample;
D. The date of shipment; and
E. A description of the sample, including its Hazardous Waste Code.
(IV) The sample is shipped to a laboratory or testing facility which is exempt under part 6 of this subparagraph or has an appropriate permit or interim status.
(V) The generator or sample collector maintains the following records for a period ending three years after completion of the treatability study:
I. Copies of the shipping documents;
II. A copy of the contract with the facility conducting the treatability study;
III. Documentation showing:
A. The amount of waste shipped under this exemption;
B. The name, address, and Installation Identification Number of the laboratory or testing facility that received the waste;
C. The date the shipment was made; and
D. Whether or not unused samples and residues were returned to the generator.
(VI) The generator reports the information required under subitem (V)III of this subpart in its annual report.
(iii) The Commissioner may grant requests on a case-by-case basis for up to an additional two years for treatability studies involving bioremediation. The Commissioner may grant requests on a case-by-case basis for quantity limits in excess of those specified in items (ii)(I) and (II) of this part and subpart 6(iv) of this subparagraph, for up to an additional 5000 kg of media contaminated with non-acute hazardous waste, 500 kg of non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste and 1 kg of acute hazardous waste:
(I) In response to requests for authorization to ship, store and conduct treatability studies on additional quantities in advance of commencing treatability studies. Factors to be considered in reviewing such requests include the nature of the technology, the type of process (e.g., batch versus continuous), size of the unit undergoing testing (particularly in relation to scale-up considerations), the time/quantity of material required to reach steady state operating conditions, or test design considerations such as mass balance calculations.
(II) In response to requests for authorization to ship, store and conduct treatability studies on additional quantities after initiation or completion of initial treatability studies, when: There has been an equipment or mechanical failure during the conduct of a treatability study; there is a need to verify the results of a previously conducted treatability study; there is a need to study and analyze alternative techniques within a previously evaluated treatment process; or there is a need to do further evaluation of an ongoing treatability study to determine final specifications for treatment.
(III) The additional quantities and timeframes allowed in items (I) and (II) of this subpart are subject to all the provisions in subpart (i) and items (III) through (VI) of subpart (ii) of this part. The generator or sample collector must apply to the Commissioner and provide in writing the following information:
I. The reason why the generator or sample collector requires additional time or quantity of sample for treatability study evaluation and the additional time or quantity needed;
II. Documentation accounting for all samples of hazardous waste from the waste stream which have been sent for or undergone treatability studies including the date each previous sample from the waste stream was shipped, the quantity of each previous shipment, the laboratory or testing facility to which it was shipped, what treatability study processes were conducted on each sample shipped, and the available results on each treatability study;
III. A description of the technical modifications or change in specifications which will be evaluated and the expected results;
IV. If such further study is being required due to equipment or mechanical failure, the applicant must include information regarding the reason for the failure or breakdown and also include what procedures or equipment improvements have been made to protect against further breakdowns; and
V. Such other information that the Commissioner considers necessary.
(iv) In order to qualify for the exemption in item (i)(I) of this part, the mass of a sample that will be exported to a foreign laboratory or testing facility, or that will be imported to a U.S. laboratory or testing facility from a foreign source, must additionally not exceed 25 kg (55.12 lbs.).
6. Samples Undergoing Treatability Studies at Laboratories and Testing Facilities Samples undergoing treatability studies and the laboratory or testing facility conducting such treatability studies (to the extent such facilities are not otherwise subject to the requirements under this Chapter) are not subject to any requirement of this Chapter provided that the conditions of subparts (i) through (xi) of this part are met. A mobile treatment unit (MTU) may qualify as a testing facility subject to subparts (i) through (xi) of this part. Where a group of MTUs are located at the same site, the limitations specified in subparts (i) through (xi) of this part apply to the entire group of MTUs collectively as if the group were one MTU.
(i) No less than 45 days before conducting treatability studies, unless a shorter period is approved by the Commissioner, the facility notifies the Commissioner, in writing that it intends to conduct treatability studies under this paragraph.
(ii) The laboratory or testing facility conducting the treatability study has an Installation Identification Number.
(iii) No more than a total of 10,000 kg of "as received" media contaminated with non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste or 250 kg of other "as received" hazardous waste is subject to initiation of treatment in all treatability studies in any single day. "As received" waste refers to the waste as received in the shipment from the generator or sample collector.
(iv) The quantity of "as received" hazardous waste stored at the facility for the purpose of evaluation in treatability studies does not exceed 10,000 kg, the total of which can include 10,000 kg of media contaminated with non-acute hazardous waste, 2500 kg of media contaminated with acute hazardous waste, 1000 kg of non-acute hazardous wastes other than contaminated media, and 1 kg of acute hazardous waste. This quantity limitation does not include treatment materials (including nonhazardous solid waste) added to "as received" hazardous waste.
(v) No more than 90 days have elapsed since the treatability study for the sample was completed, or no more than one year (two years for treatability studies involving bioremediation) have elapsed since the generator or sample collector shipped the sample to the laboratory or testing facility, whichever date first occurs. Up to 500 kg of treated material from a particular waste stream from treatability studies may be archived for future evaluation up to five years from the date of initial receipt. Quantities of materials archived are counted against the total storage limit for the facility.
(vi) The treatability study does not involve the placement of hazardous waste on the land or open burning of hazardous waste.
(vii) The facility maintains records for 3 years following completion of each study that show compliance with the treatment rate limits and the storage time and quantity limits. The following specific information must be included for each treatability study conducted:
(I) The name, address, and Installation Identification Number of the generator or sample collector of each waste sample;
(II) The date the shipment was received;
(III) The quantity of waste accepted;
(IV) The quantity of "as received" waste in storage each day;
(V) The date the treatment study was initiated and the amount of "as received" waste introduced to treatment each day;
(VI) The date the treatability study was concluded;
(VII) The date any unused sample or residues generated from the treatability study were returned to the generator or sample collector or, if sent to a designated facility, the name of the facility and the Installation Identification Number.
(viii) The facility keeps, on-site, a copy of the treatability study contract and all shipping papers associated with the transport of treatability study samples to and from the facility for a period ending 3 years from the completion date of each treatability study.
(ix) The facility prepares and submits a report to the Commissioner by March 15 of each year that includes the following information for the previous calendar year:
(I) The name, address, and Installation Identification Number of the facility conducting the treatability studies;
(II) The types (by process) of treatability studies conducted;
(III) The names and addresses of persons for whom studies have been conducted (including their Installation Identification Numbers);
(IV) The total quantity of waste in storage each day;
(V) The quantity and types of waste subjected to treatability studies;
(VI) When each treatability study was conducted;
(VII) The final disposition of residues and unused sample from each treatability study.
(x) The facility determines whether any unused sample or residues generated by the treatability study are hazardous waste under subparagraph (1)(c) of this rule and, if so, are subject to Chapter 0400-12-01, unless the residues and unused samples are returned to the sample originator under exemption under part 5 of this subparagraph.
(xi) The facility notifies the Commissioner by letter when the facility is no longer planning to conduct any treatability studies at the site.
7. Dredged material that is not a hazardous waste. Dredged material that is subject to the requirements of a permit that has been issued under 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) or section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) is not a hazardous waste. For this part 7, the following definitions apply:
(i) The term "dredged material" has the same meaning as defined in 40 CFR 232.2;
(ii) The term "permit" means:
(I) A permit issued by the U.S. Army Corps of Engineers (Corps) or an approved State under section 404 of the Federal Water Pollution Control Act (33 U.S.C. 1344) ;
(II) A permit issued by the Corps under section 103 of the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1413) ; or
(III) In the case of Corps civil works projects, the administrative equivalent of the permits referred to in items (ii)(I) and (II) of this part, as provided for in Corps regulations (for example, see 33 CFR 336.1, 336.2, and 337.6) .
8. Carbon dioxide stream injected for geologic sequestration. Carbon dioxide streams that are captured and transported for purposes of injection into an underground injection well subject to the requirements for Class VI Underground Injection Control wells, including the requirements in 40 CFR Parts 144 and 146 of the Underground Injection Control Program of the Safe Drinking Water Act, are not a hazardous waste, provided the following conditions are met:
(i) Transportation of the carbon dioxide stream shall be in compliance with U.S. Department of Transportation requirements, including the pipeline safety laws (49 U.S.C. 60101 et seq.) and regulations (49 CFR Parts 190199) of the U.S. Department of Transportation, and pipeline safety regulations adopted and administered by a state authority pursuant to a certification under 49 U.S.C. 60105, as applicable;
(ii) Injection of the carbon dioxide stream shall be in compliance with the applicable requirements for Class VI Underground Injection Control wells, including the applicable requirements in 40 CFR Parts 144 and 146;
(iii) No hazardous wastes shall be mixed with, or otherwise co-injected with, the carbon dioxide stream; and
(iv)
(I) Any generator of a carbon dioxide stream, who claims that a carbon dioxide stream is excluded under this part, shall have an authorized representative (as defined in subparagraph (2)(a) of Rule 0400-1201-.01 ) sign a certification statement worded as follows:

"I certify under penalty of law that the carbon dioxide stream that I am claiming to be excluded under part (1)(d)8 of Rule 0400-12-01.02 has not been mixed with hazardous wastes, and I have transported the carbon dioxide stream in compliance with (or have contracted with a pipeline operator or transporter to transport the carbon dioxide stream in compliance with) Department of Transportation requirements, including the pipeline safety laws (49 U.S.C. 60101 et seq.) and regulations (49 CFR Parts 190-199) of the U.S. Department of Transportation, and the pipeline safety regulations adopted and administered by a state authority pursuant to a certification under 49 U.S.C. 60105, as applicable, for injection into a well subject to the requirements for the Class VI Underground Injection Control Program of the Safe Drinking Water Act. As specified in Tennessee Code Annotated Section 39-16-702(a)(4), this declaration is made under penalty of perjury."

(II) Any Class VI Underground Injection Control well owner or operator, who claims that a carbon dioxide stream is excluded under this part, shall have an authorized representative (as defined in subparagraph (2)(a) of Rule 0400-12-01-.01 ) sign a certification statement worded as follows:

"I certify under penalty of law that the carbon dioxide stream that I am claiming to be excluded under part (1)(d)8 of Rule 0400-12-01.02 has not been mixed with, or otherwise co-injected with, hazardous waste at the Underground Injection Control (UIC) Class VI permitted facility, and that injection of the carbon dioxide stream is in compliance with the applicable requirements for UIC Class VI wells, including the applicable requirements in 40 CFR Parts 144 and 146. As specified in Tennessee Code Annotated Section 39-16-702(a)(4), this declaration is made under penalty of perjury."

(III) The signed certification statement shall be kept on-site for no less than three years, and it shall be made available within 72 hours of a written request from the Commissioner. The signed certification statement shall be renewed every year that the exclusion is claimed, by having an authorized representative (as defined in subparagraph (2)(a) of Rule 0400-12-01-.01 ) annually prepare and sign a new copy of the certification statement within one year of the date of the previous statement. The signed certification statement shall also be readily accessible on the facility's publicly available website (if such website exists) as a public notification with the title of "Carbon Dioxide Stream Certification" at the time the exclusion is claimed.
9. Reserved.
10. Airbag waste.
(i) Airbag waste at the airbag waste handler or during transport to an airbag waste collection facility or designated facility is not subject to regulation under Rules 0400-12-01-.03, 0400-12-01-.04, 0400-12-01-.05, 0400-1201-.06, 0400-12-01-.07, 0400-12-01-.09, and 0400-12-01-.10, including the notification requirements, provided that:
(I) The airbag waste is accumulated in a quantity of no more than 250 airbag modules or airbag inflators, for no longer than 180 days;
(II) The airbag waste is packaged in a container designed to address the risk posed by the airbag waste and labeled "Airbag Waste-Do Not Reuse";
(III) The airbag waste is sent directly to either:
I. An airbag waste collection facility in the United States under the control of a vehicle manufacturer or their authorized representative, or under the control of an authorized party administering a remedy program in response to a recall under the National Highway Traffic Safety Administration, or
II. A designated facility as defined in subparagraph (2)(a) of Rule 0400-12-01-.01;
(IV) The transport of the airbag waste complies with all applicable U.S. Department of Transportation regulations in 49 CFR part 171 through 180 during transit;
(V) The airbag waste handler maintains at the handler facility for no less than three years records of all off-site shipments of airbag waste and all confirmations of receipt from the receiving facility. For each shipment, these records must, at a minimum, contain the name of the transporter and date of the shipment; name and address of receiving facility; and the type and quantity of airbag waste (i.e., airbag modules or airbag inflators) in the shipment. Confirmations of receipt must include the name and address of the receiving facility; the type and quantity of the airbag waste (i.e., airbag modules and airbag inflators) received; and the date which it was received. Shipping records and confirmations of receipt must be made available for inspection and may be satisfied by routine business records (e.g., electronic or paper financial records, bills of lading, copies of DOT shipping papers, or electronic confirmations of receipt).
(ii) Once the airbag waste arrives at an airbag waste collection facility or designated facility, it becomes subject to all applicable hazardous waste regulations, and the facility receiving airbag waste is considered the hazardous waste generator for the purposes of the hazardous waste regulations and must comply with the requirements of Rule 0400-12-01.03.
(iii) Reuse in vehicles of defective airbag modules or defective airbag inflators subject to a recall under the National Highway Traffic Safety Administration is considered sham recycling and prohibited under part (1)(b)7 of Rule 0400-12-01-.02.
(e) [Reserved]
(f) Requirements for recyclable material [ 40 CFR 261.6 ]
1.
(i) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of parts 2 and 3 of this subparagraph, except for the materials listed in subparts (ii) and (iii) of this part. Hazardous wastes that are recycled will be known as "recyclable materials."
(ii) The following recyclable materials are not subject to the requirements of this subparagraph but are regulated under paragraphs (3), (6), (7), (8), (13) and (14) of Rule 0400-12-01-.09 and all applicable provisions in Rules 0400-12-01-.07 and 0400-12-01-.10:
(I) Recyclable materials used in a manner constituting disposal (See paragraph (3) of Rule 0400-12-01-.09 );
(II) Hazardous wastes burned (as defined in part (8)(a)1 of Rule 0 40012-01-.09 ) in boilers and industrial furnaces that are not regulated under paragraph (15) of Rule 0400-12-01-.05 or paragraph (15) of Rule 0400-12-01-.06 (See paragraph (8) of Rule 0400-12-01-.09 );
(III) Recyclable materials from which precious metals are reclaimed (See paragraph (6) of Rule 0400-12-01-.09 ); and
(IV) Spent lead-acid batteries that are being reclaimed (See paragraph (7) of Rule 0400-12-01-.09 ).
(iii) The following recyclable materials are not subject to regulation under Chapter 0400-12-01:
(I) Industrial ethyl alcohol that is reclaimed, except that exports and imports of such recyclable materials must comply with the requirements of paragraph (9) of Rule 0400-12-01-.03:
I. A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, must comply with the requirements applicable to a primary exporter in subparagraph (6)(d), subparts (6)(g)1(i) through (iv) and (vi), part (6)(g)2 and subparagraph (6)(h) of Rule 0400-12-01-.03, export such materials only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent as defined in paragraph (6) of Rule 0400-12-01-.03, and provide a copy of the EPA Acknowledgment of Consent to the shipment to the transporter transporting the shipment for export;
II. Transporters transporting a shipment for export may not accept a shipment if he knows the shipment does not conform to the EPA Acknowledgment of Consent, must ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment and must ensure that it is delivered to the facility designated by the person initiating the shipment.
(II) Scrap metal that is not excluded under subpart (d)1(xiii) of this paragraph;
(III) Fuels produced from the refining of oil-bearing hazardous waste along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under Rule 0400-12-01-.02(1)(d) 1(xii));
(IV)
I. Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under Rule 0400-12-01-.11(2)(b) and so long as no other hazardous wastes are used to produce the hazardous waste fuel;
II. Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under Rule 0400-12-01-.11(2)(b); and
III. Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under Rule 0400-12-01-.11(2)(b).
(iv) Used oil that is recycled and is also a hazardous waste solely because it exhibits a hazardous characteristic is not subject to the requirements of Rule 0400-12-01-.01 through 0400-12-01-.07, 0400-12-01-.09, and 0 40012-01-.10, but is regulated under Rule 0400-12-01-.11. Used oil that is recycled includes any used oil which is reused, following its original use, for any purpose (including the purpose for which the oil was originally used). Such term includes, but is not limited to, oil which is re-refined, reclaimed, burned for energy recovery, or reprocessed.
(v) Hazardous waste that is exported or imported for purpose of recovery is subject to the requirements of paragraph (9) of Rule 0400-12-01-.03.
2. Generators and transporters of recyclable materials are subject to the applicable requirements of Rule 0400-12-01-.03 and .04, except as provided in part 1 of this subparagraph.
3.
(i) Owners and operators of facilities that store recyclable materials before they are recycled are regulated under all applicable provisions of paragraphs (1) through (12), (27), (28), and (29) of Rule 0400-12-01-.05 and paragraphs (1) through (12), (30), (31), and (32) of Rule 0400-12-01.06, and under Rules 0400-12-01-.07, 0400-12-01-.09, and 0400-12-01.10, and the notification requirements under subparagraphs (2)(b) and (d) of Rule 0400-12-01-.07, except as provided in part 1 of this subparagraph. (The recycling process itself is exempt from regulation except as provided in part 4 of this subparagraph.)
(ii) Owners or operators of facilities that recycle recyclable materials without storing them before they are recycled are subject to the following requirements, except as provided in part 1 of this subparagraph:
(I) Such owners or operators must notify the Commissioner of their activities using forms provided by the Commissioner and completed per accompanying instructions;
(II) Such owners or operators must comply with subparagraph (5)(b) and (c) of Rule 0400-12-01-.05 (dealing with the use of the manifest and manifest discrepancies);
(III) Part 4 of this subparagraph; and
(IV) Subparagraph (5)(f) of Rule 0400-12-01-.05 (annual reporting requirements).
4. Owners or operators of facilities subject to the permitting requirements with hazardous waste management units that recycle hazardous wastes are subject to the requirements of paragraphs (27) and (28) of Rule 0400-12-01-.05 and paragraphs (30) and (31) of Rule 0400-12-01-.06.
5. Generators of recyclable materials must notify the Department describing the recyclable materials they generate, how such materials are generated, and how they are managed. Such notifications must be filed with the Department within 90 days of the effective date of this part (for existing generators) or within 90 days of the date a generator first becomes subject to this subparagraph (for new generators). Such notification must be submitted on forms provided by the Department. The form must be completed according to the accompanying instructions.
(g) Residues of hazardous waste in empty containers [ 40 CFR 261.7 ]
1.
(i) Any hazardous waste remaining in either (1) an empty container or (2) an inner liner removed from an empty container, as defined in part 2 of this subparagraph, is not subject to regulation under these rules.
(ii) Any hazardous waste in either (1) a container that is not empty or (2) an inner liner removed from a container that is not empty, as defined in part 2 of this subparagraph, is subject to regulation under these rules.
2.
(i) A container or an inner liner removed from a container that has held any hazardous waste, except a waste that is a compressed gas or that is identified as an acute hazardous waste listed in subparagraph (4)(b) or part (4)(d)5 of this rule is empty if:
(I) All wastes have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating, and
(II) No more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner, or
(III)
I. No more than 3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is less than or equal to 119 gallons in size, or
II. No more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner if the container is greater than 119 gallons in size.
(ii) A container that has held a hazardous waste that is a compressed gas is empty when the pressure in the container approaches atmospheric.
(iii) A container or an inner liner removed from a container that has held an acute hazardous waste listed in subparagraph (4)(b) or part (4)(d)5 of this subparagraph is empty if:
(I) The container or inner liner has been triple rinsed using a solvent capable of removing the commercial chemical product or manufacturing chemical intermediate;
(II) The container or inner liner has been cleaned by another method that has been shown in the scientific literature, or by tests conducted by the generator, to achieve equivalent removal; or
(III) In the case of a container, the inner liner that prevented contact of the commercial chemical product or manufacturing chemical intermediate with the container, has been removed.
3. Containers of hazardous waste pharmaceuticals are subject to subparagraph (16)(h) of Rule 0400-12-01-.09 for determining when they are considered empty, in lieu of this subparagraph, except as provided by parts (16)(h)3 and 4 of Rule 0400-12-01-.09.
(h) PCB wastes regulated under Toxic Substance Control Act [ 40 CFR 261.8 ] The disposal of PCB-containing dielectric fluid and electric equipment containing such fluid authorized for use and regulated under part 761 and that are hazardous only because they fail the test for the Toxicity Characteristic (Hazardous Waste Codes D018 through D043 only) are exempt from regulation under Rule 0400-12-01-.02 through .08 and .10.
(i) Management of Excluded Wastes Nothing in these rules shall exclude persons whose waste is nonhazardous or otherwise excluded from these rules from the requirements of the "Tennessee Solid Waste Disposal Act" (T.C.A. §§ 68-211-101 et seq.) and applicable regulations or from other applicable State, local or Federal laws.
(j) Requirements for Universal Waste [ 40 CFR 261.9 ]

The wastes listed in this subparagraph are exempt from regulation under Rules 0 40012-01-.03 through 0400-12-01-.07, 0400-12-01-.09, and 0400-12-01-.10 except as specified in Rule 0400-12-01-.12 and, therefore, are not fully regulated as hazardous waste. The wastes listed in this subparagraph are subject to regulation under Rule 0400-12-01-.12:

1. Batteries as described in subparagraph (1)(b) of Rule 0400-12-01-.12;
2. Pesticides as described in subparagraph (1)(c) of Rule 0400-12-01-.12;
3. Mercury-containing equipment as described in subparagraph (1)(d) of Rule 0400 12-01-.12;
4. Lamps as described in subparagraph (1)(e) of Rule 0400-12-01-.12; and
5. Aerosol cans as described in subparagraph (1)(f) of Rule 0400-12-01-.12.
(2) Criteria for Identifying the Characteristics of Hazardous Waste and for Listing Hazardous Waste [ 40 CFR 261 Subpart B]
(a) Criteria for Identifying the Characteristics of Hazardous Waste [ 40 CFR 261.10 ]
1. The Board shall identify and define a characteristic of hazardous waste in paragraph (3) only upon determining that:
(i) A solid waste that exhibits the characteristic may:
(I) Cause, or significantly contribute to, an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or
(II) Pose a substantial present or potential hazard to human health or the environment when it is improperly treated, stored, transported, disposed of or otherwise managed; and
(ii) The characteristic can be:
(I) Measured by an available standardized test method which is reasonably within the capability of generators of solid waste or private sector laboratories that are available to serve generators of solid waste; or
(II) Reasonably detected by generators of solid waste through their knowledge of their waste.
(b) Criteria for Listing Hazardous Waste [ 40 CFR 261.11 ]
1. The Board shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria:
(i) It exhibits any of the characteristics of hazardous waste identified in paragraph (3).
(ii) It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram, an inhalation LC 50 toxicity (rat) of less than 2 milligrams per liter, or a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per kilogram or is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. (Waste listed in accordance with these criteria will be designated Acute Hazardous Waste.)
(iii) It contains any of the toxic constituents listed in paragraph (30) Appendix VIII of this rule and, after considering the following factors, the Commissioner concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported or disposed of, or otherwise managed:
(I) The nature of the toxicity presented by the constituent;
(II) The concentration of the constituent in the waste;
(III) The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in item (VII) of this subpart;
(IV) The persistence of the constituent or any toxic degradation product of the constituent;
(V) The potential for the constituent or any toxic degradation product of the constituent to degrade into non-harmful constituents and the rate of degradation;
(VI) The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems;
(VII) The plausible types of improper management to which the waste could be subjected;
(VIII) The quantities of the waste generated at individual generation sites or on a regional or national basis;
(IX) The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent;
(X) Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent; and
(XI) Such other factors as may be appropriate.

(Note: Substances will be listed in paragraph (30) Appendix VIII of this rule only if they have been shown in scientific studies to have toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life forms.)

(Note: Wastes listed in accordance with these criteria will be designated Toxic wastes.)

2. The Board may list classes or types of solid waste as hazardous waste if it has reason to believe that individual wastes, within the class or type of waste, typically or frequently are hazardous under the definition of hazardous waste found in Section 68-212-104 of the Act.
3. The Board will use the criteria for listing specified in this subparagraph to establish the exclusion limits referred to in part (1)(e)3 of this rule.
(3) Characteristics of Hazardous Waste [ 40 CFR 261 Subpart C]
(a) General [ 40 CFR 261.20 ]
1. A solid waste, as defined in subparagraph (1)(b) of this rule, which is not excluded from regulation as a hazardous waste under part (1)(d)2 of this rule, is a hazardous waste if it exhibits any of the characteristics identified in this paragraph. (Comment: Rule 0400-12-01-.03(1)(b) sets forth the generator's responsibility to determine whether his waste exhibits one or more of the characteristics identified in this paragraph.)
2. A hazardous waste which is identified by a characteristic in this paragraph is assigned every Hazardous Waste Code that is applicable as set forth in this paragraph. This code must be used in complying with the notification requirements of Rule 0400-12-01-.03(2) and all applicable recordkeeping and reporting requirements under Rules 0400-12-01-.03 through .07 and Rule 0 40012-01-.10.
3. For purposes of this paragraph, the Commissioner will consider a sample obtained using any of the applicable sampling methods specified in paragraph (30) Appendix I of this rule to be a representative sample within the meaning of Rule 0400-12-01-.01.

(Comment: Since the paragraph (30) Appendix I of this rule sampling methods are not being formally adopted by the Board, a person who desires to employ an alternative sampling method is not required to demonstrate the equivalency of his method under the procedures set forth in paragraph (3) of Rule 0400-12-01.01.)

(b) Characteristic of Ignitability [ 40 CFR 261.21 ]
1. A solid waste exhibits the characteristic of ignitability if a representative sample of the waste has any of the following properties:
(i) It is a liquid, other than a solution containing less than 24 percent alcohol by volume and at least 50 percent water by weight, that has flash point less than 60°C (140°F), as determined by using one of the following ASTM standards: ASTM D93-79, D93-80, D3278-78, D8174-18, or D8175-18 as specified in SW-846 Test Methods 1010B or 1020C (see 40 CFR 260.11 and subparagraph (2)(b) of Rule 0400-12-01-.01 ).
(ii) It is not a liquid and is capable, under standard temperature and pressure, of causing fire through friction, absorption of moisture or spontaneous chemical changes and, when ignited, burns so vigorously and persistently that it creates a hazard.
(iii) It is an ignitable compressed gas.
(I) The term "compressed gas" shall designate any material or mixture having in the container an absolute pressure exceeding 40 p.s.i. at 70 [deg] F or, regardless of the pressure at 70 [deg] F, having an absolute pressure exceeding 104 p.s.i. at 130 [deg] F; or any liquid flammable material having a vapor pressure exceeding 40 p.s.i. absolute at 100 [deg] F as determined by ASTM Test D-323.
(II) A compressed gas shall be characterized as ignitable if any one of the following occurs:
I. Either a mixture of 13 percent or less (by volume) with air forms a flammable mixture or the flammable range with air is wider than 12 percent regardless of the lower limit. These limits shall be determined at atmospheric temperature and pressure. The method of sampling and test procedure shall be the ASTM E 681-85 (incorporated by reference, see 40 CFR 260.11 and subparagraph (2)(b) of Rule 0400-12-01-.01 ), or other equivalent methods approved by the Associate Administrator, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation.
II. It is determined to be flammable or extremely flammable using 49 CFR 173.115(l).
(iv) It is an oxidizer. An oxidizer for the purpose of this rule is a substance such as a chlorate, permanganate, inorganic peroxide, or a nitrate, that yields oxygen readily to stimulate the combustion of organic matter.
(I) An organic compound containing the bivalent - O - O - structure and which may be considered a derivative of hydrogen peroxide where one or more of the hydrogen atoms have been replaced by organic radicals must be classed as an organic peroxide unless:
I. The material meets the definition of a Division 1.1, 1.2, or 1.3 explosive, as defined in subpart (3)(d)1(viii) of this rule, in which case it must be classed as an explosive,
II. The material is forbidden to be offered for transportation according to 49 CFR 172.101 and 49 CFR 173.21,
III. It is determined that the predominant hazard of the material containing an organic peroxide is other than that of an organic peroxide, or
IV. According to data on file with the Pipeline and Hazardous Materials Safety Administration in the U.S. Department of Transportation, it has been determined that the material does not present a hazard in transportation.
2. A solid waste that exhibits the characteristic of ignitability has the Hazardous Waste Code of D001.
(c) Characteristic of Corrosivity [ 40 CFR 261.22 ]
1. A solid waste exhibits the characteristic of corrosivity if a representative sample of the waste has either of the following properties:
(i) It is aqueous and has a pH less than or equal to 2 or greater than or equal to 12.5, as determined by a pH meter using Method 9040C in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846. (See 40 CFR 260.11; Rule 0400-12-01-.01(2)(b) 1.)
(ii) It is a liquid and corrodes steel (SAE 1020) at a rate greater than 6.35 mm (0.250 inch) per year at a test temperature of 55°C (130°F) as determined by Method 1110A in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846. (See 40 CFR 260.11; Rule 0400-12-01-.01(2)(b) 1.)
2. A solid waste that exhibits the characteristic of corrosivity has the Hazardous Waste Code of D002.
(d) Characteristic of Reactivity [ 40 CFR 261.23 ]
1. A solid waste exhibits the characteristic of reactivity if a representative sample of the waste has any of the following properties:
(i) It is normally unstable and readily undergoes violent change without detonating.
(ii) It reacts violently with water.
(iii) It forms potentially explosive mixtures with water.
(iv) When mixed with water, it generates toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
(v) It is a cyanide or sulfide bearing waste which, when exposed to pH conditions between 2 and 12.5, can generate toxic gases, vapors or fumes in a quantity sufficient to present a danger to human health or the environment.
(vi) It is capable of detonation or explosive reaction if it is subjected to a strong initiating source or if heated under confinement.
(vii) It is readily capable of detonation or explosive decomposition or reaction at standard temperature and pressure.
(viii) It is a forbidden explosive as defined in 49 CFR 173.54, or is a Division 1.1, 1.2 or 1.3 explosive as defined in 49 CFR 173.50 and 173.53.
2. A solid waste that exhibits the characteristic of reactivity has the Hazardous Waste Code of D003.
(e) Toxicity Characteristic [ 40 CFR 261.24 ]
1. A solid waste (except manufactured gas plant waste) exhibits the characteristic of toxicity if, using the Toxicity Characteristic Leaching Procedure, test Method 1311 in "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, (see 40 CFR 260.11; Rule 0400-12-01-.01(2)(b) 1) the extract from a representative sample of the waste contains any of the contaminants listed in Table 1 at the concentration equal to or greater than the respective value given in that table. Where the waste contains less than 0.5 percent filterable solids, the waste itself, after filtering using the methodology outlined in Method 1311, is considered to be the extract for the purpose of this subparagraph.
2. A solid waste that exhibits the characteristic of toxicity has the Hazardous Waste Code specified in Table 1 which corresponds to the toxic contaminant causing it to be hazardous.

Table 1. - Maximum Concentration of Contaminants for the Toxicity Characteristic

HW Code No. 1

Contaminant

CAS No. 2

Regulatory

Level (mg/L)

D004

Arsenic

7440-38-2

5.0

D005

Barium

7440-39-3

100.0

D018

Benzene

71-43-2

0.5

D006

Cadmium

7440-43-9

1.0

D019

Carbon tetrachloride

56-23-5

0.5

D020

Chlordane

57-74-9

0.03

D021

Chlorobenzene

108-90-7

100.0

D022

Chloroform

67-66-3

6.0

D007

Chromium

7440-47-3

5.0

D023

o-Cresol

95-48-7

4 200.0

D024

m-Cresol

108-39-4

4 200.0

D025

p-Cresol

106-44-5

4 200.0

D026

Cresol

4 200.0

D016

2,4-D

94-75-7

10.0

D027

1,4-Dichlorobenzene

106-46-7

7.5

D028

1,2-Dichloroethane

107-06-2

0.5

D029

1,1-Dichloroethylene

75-35-4

0.7

D030

2,4-Dinitrotoluene

121-14-2

3 0.13

D012

Endrin

72-20-8

0.02

D031

Heptachlor (and its epoxide)

76-44-8

0.008

D032

Hexachlorobenzene

118-74-1

3 0.13

D033

Hexachlorobutadiene

87-68-3

0.5

D034

Hexachloroethane

67-72-1

3.0

D008

Lead

7439-92-1

5.0

D013

Lindane

58-89-9

0.4

D009

Mercury

7439-97-6

0.2

D014

Methoxychlor

72-43-5

10.0

D035

Methyl ethyl ketone

78-93-3

200.0

D036

Nitrobenzene

98-95-3

2.0

D037

Pentachlorophenol

87-86-5

100.0

D038

Pyridine

110-86-1

3 5.0

D010

Selenium

7782-49-2

1.0

D011

Silver

7440-22-4

5.0

D039

Tetrachloroethylene

127-18-4

0.7

D015

Toxaphene

8001-35-2

0.5

D040

Trichloroethylene

79-01-6

0.5

D041

2,4,5-Trichlorophenol

95-95-4

400.0

D042

2,4,6-Trichlorophenol

88-06-2

2.0

D017

2,4,5-TP (Silvex)

93-72-1

1.0

D043

Vinyl chloride

75-01-4

0.2

FOOTNOTE: 1Hazardous waste number.

FOOTNOTE: 2Chemical abstracts service number.

FOOTNOTE: 3Quantitation limit is greater than the calculated regulatory level. The quantitation limit therefore becomes the regulatory level.

FOOTNOTE: 4If o-, m-, and p-Cresol concentrations cannot be differentiated, the total cresol (D026) concentration is used. The regulatory level of total cresol is 200 mg/l.

(4) Lists of Hazardous Wastes [ 40 CFR 261 Subpart D]
(a) General [ 40 CFR 261.30 ]
1. A solid waste is a hazardous waste if it is listed in this paragraph, unless it has been excluded from this list under Rule 0400-12-01-.01(3).
2. The Board will indicate its basis for listing the classes or types of wastes listed in this paragraph by employing one or more of the following Hazard Codes:

Ignitable Waste (I)

Corrosive Waste (C)

Reactive Waste (R)

Toxicity Characteristic Waste (E)

Acute Hazardous Waste (H)

Toxic Waste (T)

Paragraph (30) Appendix VII of this rule identifies the constituent which caused the Board to list the waste as a Toxicity Characteristic Waste (E) or Toxic Waste (T) in subparagraphs (b) and (c) of this paragraph.

3. Each hazardous waste listed in this paragraph is assigned a Hazardous Waste Code which precedes the name of the waste. This Code must be used in complying with the notification requirements of Rule 0400-12-01-.03(2) and certain recordkeeping and reporting requirements under Rules 0400-12-01-.03 through .07 and Rules 0400-12-01-.09 and 0400-12-01-.10.
4. The following hazardous wastes listed in subparagraph (b) of this paragraph are subject to the exclusion limits for acutely hazardous wastes established in subpart (1)(e)1(iii) of Rule 0400-12-01-.03: Hazardous Wastes Codes F020, F021, F022, F023, F026, and F027.
(b) Hazardous Wastes from Non-specific Sources [ 40 CFR 261.31 ]
1. The following solid wastes are listed hazardous wastes from non-specific sources unless they are excluded under subparagraphs (3)(a) and (c) of Rule 0400-1201-.01 and listed in Appendix IX to 40 CFR part 261 .

Industry and Hazardous Waste Code

Hazardous Waste

Hazard Code

Generic:

F001

The following spent halogenated solvents used in degreasing: Tetrachloroethylene, trichloroethylene, methylene chloride, 1,1,1-trichloroethane, carbon tetrachloride, and chlorinated fluorocarbons; all spent solvent mixtures/blends used in degreasing containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those solvents listed in F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F002

The following spent halogenated solvents: Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trifluoroethane, ortho-dichlorobenzene, trichlorofluoromethane, and 1,1,2-trichloroethane; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above halogenated solvents or those listed in F001, F004, or F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F003

The following spent non-halogenated solvents: Xylene, acetone, ethyl acetate, ethyl benzene, ethyl ether, methyl isobutyl ketone, n-butyl alcohol, cyclohexanone, and methanol; all spent solvent mixtures/blends containing, before use, only the above spent non-halogenated solvents; and all spent solvent mixtures/blends containing, before use, one or more of the above non-halogenated solvents, and, a total of ten percent or more (by volume) of one or more of those solvents listed in F001, F002, F004, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(I)*

F004

The following spent non-halogenated solvents: Cresols and cresylic acid, and nitrobenzene; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, and F005; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(T)

F005

The following spent non-halogenated solvents: Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, benzene, 2-ethoxyethanol, and 2-nitropropane; all spent solvent mixtures/blends containing, before use, a total of ten percent or more (by volume) of one or more of the above non-halogenated solvents or those solvents listed in F001, F002, or F004; and still bottoms from the recovery of these spent solvents and spent solvent mixtures.

(I, T)

F006

Wastewater treatment sludges from electroplating operations except from the following processes: (1) Sulfuric acid anodizing of aluminum; (2) tin plating on carbon steel; (3) zinc plating (segregated basis) on carbon steel; (4) aluminum or zinc-aluminum plating on carbon steel; (5) cleaning/stripping associated with tin, zinc and aluminum plating on carbon steel; and (6) chemical etching and milling of aluminum.

(T)

F007

Spent cyanide plating bath solutions from electroplating operations.

(R, T)

F008

Plating bath residues from the bottom of plating baths from electroplating operations where cyanides are used in the process.

(R, T)

F009

Spent stripping and cleaning bath solutions from electroplating operations where cyanides are used in the process.

(R, T)

F010

Quenching bath residues from oil baths from metal heat treating operations where cyanides are used in the process.

(R, T)

F011

Spent cyanide solutions from salt bath pot cleaning from metal heat treating operations.

(R, T)

F012

Quenching waste water treatment sludges from metal heat treating operations where cyanides are used in the process.

(T)

F019

Wastewater treatment sludges from the chemical conversion coating of aluminum except from zirconium phosphating in aluminum can washing when such phosphating is an exclusive conversion coating process. Wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process will not be subject to this listing at the point of generation if the wastes are not placed outside on the land prior to shipment to a landfill for disposal and are either: disposed in a Subtitle D municipal or industrial landfill unit that is equipped with a single clay liner and is permitted, licensed or otherwise authorized by the state; or disposed in a landfill unit subject to, or otherwise meeting, the landfill requirements in 40 CFR 258.40 or the state equivalent, Rule 1200-01-11-.06(14)(b) or Rule 1200-01-11-.05(14)(b). For the purposes of this listing, motor vehicle manufacturing is defined in item 2(iv)(I) of this subparagraph and item 2(iv)(II) of this subparagraph describes the recordkeeping requirements for motor vehicle manufacturing facilities.

(T)

F020

Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri- or tetrachlorophenol, or of intermediates used to produce their pesticide derivatives. (This listing does not include wastes from the production of Hexachlorophene from highly purified 2,4,5-trichlorophenol.).

(H)

F021

Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of pentachlorophenol, or of intermediates used to produce its derivatives.

(H)

F022

Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzenes under alkaline conditions.

(H)

F023

Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production of materials on equipment previously used for the production or manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tri- and tetrachlorophenols. (This listing does not include wastes from equipment used only for the production or use of Hexachlorophene from highly purified 2,4,5-trichlorophenol.).

(H)

F024

Process wastes, including but not limited to, distillation residues, heavy ends, tars, and reactor clean-out wastes, from the production of certain chlorinated aliphatic hydrocarbons by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution. (This listing does not include wastewaters, wastewater treatment sludges, spent catalysts, and wastes listed in subparagraph (b) or (c) of this paragraph.).

(T)

F025

Condensed light ends, spent filters and filter aids, and spent desiccant wastes from the production of certain chlorinated aliphatic hydrocarbons, by free radical catalyzed processes. These chlorinated aliphatic hydrocarbons are those having carbon chain lengths ranging from one to and including five, with varying amounts and positions of chlorine substitution.

(T)

F026

Wastes (except wastewater and spent carbon from hydrogen chloride purification) from the production of materials on equipment previously used for the manufacturing use (as a reactant, chemical intermediate, or component in a formulating process) of tetra-, penta-, or hexachlorobenzene under alkaline conditions.

(H)

F027

Discarded unused formulations containing tri-, tetra-, or pentachlorophenol or discarded unused formulations containing compounds derived from these chlorophenols. (This listing does not include formulations containing Hexachlorophene synthesized from prepurified 2,4,5-trichlorophenol as the sole component.).

(H)

F028

Residues resulting from the incineration or thermal treatment of soil contaminated with Hazardous Waste Codes F020, F021, F022, F023, F026, and F027.

(T)

F032

Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that currently use or have previously used chlorophenolic formulations (except potentially cross-contaminated wastes that have had the F032 waste code deleted in accordance with subparagraph (f) of this paragraph or potentially crosscontaminated wastes that are otherwise currently regulated as hazardous wastes (i.e., F034 or F035), and where the generator does not resume or initiate use of chlorophenolic formulations). This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol

(T)

F034

Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use creosote formulations. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol

(T)

F035

Wastewaters (except those that have not come into contact with process contaminants), process residuals, preservative drippage, and spent formulations from wood preserving processes generated at plants that use inorganic preservatives containing arsenic or chromium. This listing does not include K001 bottom sediment sludge from the treatment of wastewater from wood preserving processes that use creosote and/or pentachlorophenol

(T)

F037

Petroleum refinery primary oil/water/solids separation sludge-Any sludge generated from the gravitational separation of oil/water/solids during the storage or treatment of process wastewaters and oily cooling wastewaters from petroleum refineries. Such sludges include, but are not limited to, those generated in oil/water/solids separators; tanks and impoundments; ditches and other conveyances; sumps; and stormwater units receiving dry weather flow. Sludge generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges generated in aggressive biological treatment units as defined in subpart 2(ii) of this subparagraph (including sludges generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and K051 wastes are not included in this listing. This listing does include residuals generated from processing or recycling oil-bearing hazardous secondary materials excluded under item (1)(d)1(xii)(I) of this rule, if those residuals are to be disposed of.

(T)

F038

Petroleum refinery secondary (emulsified) oil/water/solids separation sludge-Any sludge and/or float generated from the physical and/or chemical separation of oil/water/solids in process wastewaters and oily cooling wastewaters from petroleum refineries. Such wastes include, but are not limited to, all sludges and floats generated in: induced air flotation (IAF) units, tanks and impoundments, and all sludges generated in DAF units. Sludges generated in stormwater units that do not receive dry weather flow, sludges generated from non-contact once-through cooling waters segregated for treatment from other process or oily cooling waters, sludges and floats generated in aggressive biological treatment units as defined in

(T)

subpart 2(ii) of this paragraph (including sludges and floats generated in one or more additional units after wastewaters have been treated in aggressive biological treatment units) and F037, K048, and K051 wastes are not included in this listing. This listing does include residuals generated from processing or recycling oil-bearing hazardous secondary materials excluded under item (1)(d)1(xii)(I) of this rule, if those residuals are to be disposed of.

F039

Leachate (liquids that have percolated through land disposed wastes) resulting from the disposal of more than one restricted waste classified as hazardous under this paragraph. (Leachate resulting from the disposal of one or more of the following Hazardous Wastes and no other Hazardous Wastes retains its Hazardous Waste Code(s): F020, F021, F022, F026, F027, and/or F028.).

(T)

* (I, T,) should be used to specify mixtures that are ignitable and contain toxic constituents. (R, T) should be used to specify mixtures that are reactive and contain toxic constituents.

2. Listing Specific Definitions:
(i) For the purposes of the F037 and F038 listings, oil/water/solids is defined as oil and/or water and/or solids.
(ii)
(I) For the purposes of the F037 and F038 listings, aggressive biological treatment units are defined as units which employ one of the following four treatment methods: activated sludge; trickling filter; rotating biological contactor for the continuous accelerated biological oxidation of wastewaters; or high-rate aeration. High-rate aeration is a system of surface impoundments or tanks, in which intense mechanical aeration is used to completely mix the wastes, enhance biological activity, and (I) the units employs a minimum of 6 hp per million gallons of treatment volume; and either (II) the hydraulic retention time of the unit is no longer than 5 days; or (III) the hydraulic retention time is no longer than 30 days and the unit does not generate a sludge that is a hazardous waste by the Toxicity Characteristic.
(II) Generators and treatment, storage and disposal facilities have the burden of proving that their sludges are exempt from listing as F037 and F038 wastes under this definition. Generators and treatment, storage and disposal facilities must maintain, in their operating or other onsite records, documents and data sufficient to prove that:
(I) the unit is an aggressive biological treatment unit as defined in this part; and
(II) the sludges sought to be exempted from the definitions of F037 and/or F038 were actually treated in the aggressive biological treatment unit.
(iii)
(I) For the purposes of the F037 listing, sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement.
(II) For the purposes of the F038 listing,
I. Sludges are considered to be generated at the moment of deposition in the unit, where deposition is defined as at least a temporary cessation of lateral particle movement and
II. Floats are considered to be generated at the moment they are formed in the top of the unit.
(iv) For the purposes of the F019 listing, the following apply to wastewater treatment sludges from the manufacturing of motor vehicles using a zinc phosphating process.
(I) Motor vehicle manufacturing is defined to include the manufacture of automobiles and light trucks/utility vehicles (including light duty vans, pick-up trucks, minivans, and sport utility vehicles). Facilities must be engaged in manufacturing complete vehicles (body and chassis or unibody) or chassis only.
(II) Generators must maintain in their on-site records documentation and information sufficient to prove that the wastewater treatment sludges to be exempted from the F019 listing meet the conditions of the listing. These records must include: the volume of waste generated and disposed of off site; documentation showing when the waste volumes were generated and sent off site; the name and address of the receiving facility; and documentation confirming receipt of the waste by the receiving facility. Generators must maintain these documents on site for no less than three years. The retention period for the documentation is automatically extended during the course of any enforcement action or as requested by the Commissioner.
(c) Hazardous Wastes from Specific Sources [ 40 CFR 261.32 ]
1. The following solid wastes are listed hazardous wastes from specific sources unless they are excluded under subparagraphs (3)(a) and (c) of Rule 0400-1201-.01 and listed in Appendix IX of 40 CFR part 261.

Industry and Hazardous Waste Code

Hazardous Waste

Hazard Code

Wood preservation:

K001

Bottom sediment sludge from the treatment of wastewaters from wood preserving processes that use creosote and/or pentachlorophenol.

(T)

Inorganic pigments:

K002

Wastewater treatment sludge from the production of chrome yellow and orange pigments.

(T)

K003

Wastewater treatment sludge from the production of molybdate orange pigments.

(T)

K004

Wastewater treatment sludge from the production of zinc yellow pigments.

(T)

K005

Wastewater treatment sludge from the production of chrome green pigments.

(T)

K006

Wastewater treatment sludge from the production of chrome oxide green pigments (anhydrous and hydrated).

(T)

K007

Wastewater treatment sludge from the production of iron blue pigments.

(T)

K008

Oven residue from the production of chrome oxide green pigments.

(T)

Organic chemicals:

K009

Distillation bottoms from the production of acetaldehyde from ethylene.

(T)

K010

Distillation side cuts from the production of acetaldehyde from ethylene.

(T)

K011

Bottom stream from the wastewater stripper in the production of acrylonitrile.

(R, T)

K013

Bottom stream from the acetonitrile column in the production of acrylonitrile.

(R, T)

K014

Bottoms from the acetonitrile purification column in the production of acrylonitrile.

(T)

K015

Still bottoms from the distillation of benzyl chloride.

(T)

K016

Heavy ends or distillation residues from the production of carbon tetrachloride.

(T)

K017

Heavy ends (still bottoms) from the purification column in the production of epichlorohydrin.

(T)

K018

Heavy ends from the fractionation column in ethyl chloride production.

(T)

K019

Heavy ends from the distillation of ethylene dichloride in ethylene dichloride production.

(T)

K020

Heavy ends from the distillation of vinyl chloride in vinyl chloride monomer production.

(T)

K021

Aqueous spent antimony catalyst waste from fluoromethanes production.

(T)

K022

Distillation bottom tars from the production of phenol/acetone from cumene.

(T)

K023

Distillation light ends from the production of phthalic anhydride from naphthalene.

(T)

K024

Distillation bottoms from the production of phthalic anhydride from naphthalene.

(T)

K025

Distillation bottoms from the production of nitrobenzene by the nitration of benzene.

(T)

K026

Stripping still tails from the production of methyl ethyl pyridines.

(T)

K027

Centrifuge and distillation residues from toluene diisocyanate production.

(R, T)

K028

Spent catalyst from the hydrochlorinator reactor in the production of 1,1,1-trichloroethane.

(T)

K029

Waste from the product steam stripper in the production of 1,1,1-trichloroethane.

(T)

K030

Column bottoms or heavy ends from the combined production of trichloroethylene and perchloroethylene.

(T)

K083

Distillation bottoms from aniline production.

(T)

K085

Distillation or fractionation column bottoms from the production of chlorobenzenes.

(T)

K093

Distillation light ends from the production of phthalic anhydride from ortho-xylene.

(T)

K094

Distillation bottoms from the production of phthalic anhydride from ortho-xylene.

(T)

K095

Distillation bottoms from the production of 1,1,1-trichloroethane.

(T)

K096

Heavy ends from the heavy ends column from the production of 1,1,1-trichloroethane.

(T)

K103

Process residues from aniline extraction from the production of aniline.

(T)

K104

Combined wastewater streams generated from nitrobenzene/aniline production.

(T)

K105

Separated aqueous stream from the reactor product washing step in the production of chlorobenzenes.

(T)

K107

Column bottoms from product separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(C,T)

K108

Condensed column overheads from product separation and condensed reactor vent gases from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(I,T)

K109

Spent filter cartridges from product purification from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(T)

K110

Condensed column overheads from intermediate separation from the production of 1,1-dimethylhydrazine (UDMH) from carboxylic acid hydrazides.

(T)

K111

Product washwaters from the production of dinitrotoluene via nitration of toluene.

(C,T)

K112

Reaction by-product water from the drying column in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K113

Condensed liquid light ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K114

Vicinals from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K115

Heavy ends from the purification of toluenediamine in the production of toluenediamine via hydrogenation of dinitrotoluene.

(T)

K116

Organic condensate from the solvent recovery column in the production of toluene diisocyanate via phosgenation of toluenediamine.

(T)

K117

Wastewater from the reactor vent gas scrubber in the production of ethylene dibromide via bromination of ethene.

(T)

K118

Spent adsorbent solids from purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.

(T)

K136

Still bottoms from the purification of ethylene dibromide in the production of ethylene dibromide via bromination of ethene.

(T)

K149

Distillation bottoms from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups, (This waste does not include still bottoms from the distillation of benzyl chloride.).

(T)

K150

Organic residuals, excluding spent carbon adsorbent, from the spent chlorine gas and hydrochloric acid recovery processes associated with the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.

(T)

K151

Wastewater treatment sludges, excluding neutralization and biological sludges, generated during the treatment of wastewaters from the production of alpha- (or methyl-) chlorinated toluenes, ring-chlorinated toluenes, benzoyl chlorides, and compounds with mixtures of these functional groups.

(T)

K156

Organic waste (including heavy ends, still bottoms, light ends, spent solvents, filtrates, and decantates) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.)

(T)

K157

Wastewaters (including scrubber waters, condenser waters, washwaters, and separation waters) from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.)

(T)

K158

Bag house dusts and filter/separation solids from the production of carbamates and carbamoyl oximes. (This listing does not apply to wastes generated from the manufacture of 3-iodo-2-propynyl n-butylcarbamate.)

(T)

K159

Organics from the treatment of thiocarbamate wastes.

(T)

K161

Purification solids (including filtration, evaporation, and centrifugation solids), bag house dust and floor sweepings from the production of dithiocarbamate acids and their salts. (This listing does not include K125 or K126.)

(R,T)

K174

Wastewater treatment sludges from the production of ethylene dichloride or vinyl chloride monomer (including sludges that result from commingled ethylene dichloride or vinyl chloride monomer wastewater and other wastewater), unless the sludges meet the following conditions: (i) they are disposed of in a Subtitle C or non-hazardous landfill licensed or permitted by the state or federal government; (ii) they are not otherwise placed on the land prior to final disposal; and (iii) the generator maintains documentation demonstrating that the waste was either disposed of in an on-site landfill or consigned to a transporter or disposal facility that provided a written commitment to dispose of the waste in an off-site landfill. Respondents in any action brought to enforce the requirements of Subtitle C must, upon a showing by the government that the respondent managed wastewater treatment sludges from the production of vinyl chloride monomer or ethylene dichloride, demonstrate that they meet the terms of the exclusion set forth above. In doing so, they must provide appropriate documentation (e.g., contracts between the generator and the landfill owner/operator, invoices documenting delivery of waste to landfill, etc.) that the terms of the exclusion were met.

(T)

K175

Wastewater treatment sludges from the production of vinyl chloride monomer using mercuric chloride catalyst in an acetylene-based process.

(T)

K181

Nonwastewaters from the production of dyes and/or pigments (including nonwastewaters commingled at the point of generation with nonwastewaters from other processes) that, at the point of generation, contain mass loadings of any of the constituents identified in part 3 of this subparagraph that are equal to or greater than the corresponding part 3 levels, as determined on a calendar year basis. These wastes will not be hazardous if the nonwastewaters are: (i) disposed in a Subtitle D landfill unit subject to the design criteria in 40 CFR 258.40, (ii) disposed in a Subtitle C landfill unit subject to either Rule 0400-12-01-.06(14)(b) or Rule 0400-12-01-.05(14)(b); (iii) disposed in other Subtitle D landfill units that meet the design criteria in 40 CFR 258.40, Rule 0400-12-01-.06(14)(b), or Rule 0400-12-01-.05(14)(b); or (iv) treated in a combustion unit that is permitted under Subtitle C, or an onsite combustion unit that is permitted under the Clean Air Act. For the purposes of this listing, dyes and/or pigments production is defined in subpart 2(i) of this subparagraph. Part 4 of this subparagraph describes the process for demonstrating that a facility's nonwastewaters are not K181. This listing does not apply to wastes that are otherwise identified as hazardous under subparagraphs (b) through (e) of paragraph (3) of this rule and subparagraphs (b) through (d) of paragraph (4) of this rule at the point of generation. Also, the listing does not apply to wastes generated before any annual mass loading limit is met.

(T)

Inorganic chemicals:

K071

Brine purification muds from the mercury cell process in chlorine production, where separately prepurified brine is not used.

(T)

K073

Chlorinated hydrocarbon waste from the purification step of the diaphragm cell process using graphite anodes in chlorine production.

(T)

K106

Wastewater treatment sludge from the mercury cell process in chlorine production.

(T)

K176

Baghouse filters from the production of antimony oxide, including filters from the production of intermediates (e.g., antimony metal or crude antimony oxide).

(E)

K177

Slag from the production of antimony oxide that is speculatively accumulated or disposed, including slag from the production of intermediates (e.g., antimony metal or crude antimony oxide).

(T)

K178

Residues from manufacturing and manufacturing-site storage of ferric chloride from acids formed during the production of titanium dioxide using the chloride-ilmenite process.

(T)

Pesticides:

K031

By-product salts generated in the production of MSMA and cacodylic acid.

(T)

K032

Wastewater treatment sludge from the production of chlordane.

(T)

K033

Wastewater and scrub water from the chlorination of cyclopentadiene in the production of chlordane.

(T)

K034

Filter solids from the filtration of hexachlorocyclopentadiene in the production of chlordane.

(T)

K035

Wastewater treatment sludges generated in the production of creosote.

(T)

K036

Still bottoms from toluene reclamation distillation in the production of disulfoton.

(T)

K037

Wastewater treatment sludges from the production of disulfoton.

(T)

K038

Wastewater from the washing and stripping of phorate production.

(T)

K039

Filter cake from the filtration of diethylphosphorodithioic acid in the production of phorate.

(T)

K040

Wastewater treatment sludge from the production of phorate.

(T)

K041

Wastewater treatment sludge from the production of toxaphene.

(T)

K042

Heavy ends or distillation residues from the distillation of tetrachlorobenzene in the production of 2,4,5-T.

(T)

K043

2,6-Dichlorophenol waste from the production of 2,4-D.

(T)

K097

Vacuum stripper discharge from the chlordane chlorinator in the production of chlordane.

(T)

K098

Untreated process wastewater from the production of toxaphene.

(T)

K099

Untreated wastewater from the production of 2,4-D.

(T)

K123

Process wastewater (including supernates, filtrates, and washwaters) from the production of ethylenebisdithiocarbamic acid and its salt.

(T)

K124

Reactor vent scrubber water from the production of ethylenebisdithiocarbamic acid and its salts.

(C,T)

K125

Filtration, evaporation, and centrifugation solids from the production of ethylenebisdithiocarbamic acid and its salts.

(T)

K126

Baghouse dust and floor sweepings in milling and packaging operations from the production or formulation of ethylenebisdithiocarbamic acid and its salts.

(T)

K131

Wastewater from the reactor and spent sulfuric acid from the acid dryer from the production of methyl bromide.

(C,T)

K132

Spent absorbent and wastewater separator solids from the production of methyl bromide.

(T)

Explosives:

K044

Wastewater treatment sludges from the manufacturing and processing of explosives.

(R)

K045

Spent carbon from the treatment of wastewater containing explosives.

(R)

K046

Wastewater treatment sludges from the manufacturing, formulation and loading of lead-based initiating compounds.

(T)

K047

Pink/red water from TNT operations.

(R)

Petroleum refining:

K048

Dissolved air flotation (DAF) float from the petroleum refining industry.

(T)

K049

Slop oil emulsion solids from the petroleum refining industry.

(T)

K050

Heat exchanger bundle cleaning sludge from the petroleum refining industry.

(T)

K051

API separator sludge from the petroleum refining industry.

(T)

K052

Tank bottoms (leaded) from the petroleum refining industry.

(T)

K169

Crude oil storage tank sediment from petroleum refining operations.

(T)

K170

Clarified slurry oil tank sediment and/or in-line filter/separation solids from petroleum refining operations.

(T)

K171

Spent Hydrotreating catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors (this listing does not include inert support media).

(I,T)

K172

Spent Hydrorefining catalyst from petroleum refining operations, including guard beds used to desulfurize feeds to other catalytic reactors (this listing does not include inert support media).

(I,T)

Iron and steel:

K061

Emission control dust/sludge from the primary production of steel in electric furnaces.

(T)

K062

Spent pickle liquor generated by steel finishing operations of facilities within the iron and steel industry (SIC Codes 331 and 332).

(C,T)

Primary aluminum:

K088

Spent potliners from primary aluminum reduction.

(T)

Secondary lead:

K069

Emission control dust/sludge from secondary lead smelting. (Note: This listing is stayed administratively for sludge generated from secondary acid scrubber systems. The stay will remain in effect until further administrative action is taken. If EPA takes further action effecting this stay, EPA will publish a notice of the action in the Federal Register).

(T)

K100

Waste leaching solution from acid leaching of emission control dust/sludge from secondary lead smelting.

(T)

Veterinary pharmaceuticals:

K084

Wastewater treatment sludges generated during the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.

(T)

K101

Distillation tar residues from the distillation of aniline-based compounds in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.

(T)

K102

Residue from the use of activated carbon for decolorization in the production of veterinary pharmaceuticals from arsenic or organo-arsenic compounds.

(T)

Ink formulation:

K086

Solvent washes and sludges, caustic washes and sludges, or water washes and sludges from cleaning tubs and equipment used in the formulation of ink from pigments, driers, soaps, and stabilizers containing chromium and lead.

(T)

Coking:

K060

Ammonia still lime sludge from coking operations.

(T)

K087

Decanter tank tar sludge from coking operations.

(T)

K141

Process residues from the recovery of coal tar, including, but not limited to, collecting sump residues from the production of coke from coal or the recovery of coke by-products produced from coal. This listing does not include K087 (decanter tank tar sludges from coking operations).

(T)

K142

Tar storage tank residues from the production of coke from coal or from the recovery of coke by-products produced from coal.

(T)

K143

Process residues from the recovery of light oil, including, but not limited to, those generated in stills, decanters, and wash oil recovery units from the recovery of coke by-products produced from coal.

(T)

K144

Wastewater sump residues from light oil refining, including, but not limited to, intercepting or contamination sump sludges from the recovery of coke by-products produced from coal.

(T)

K145

Residues from naphthalene collection and recovery operations from the recovery of coke by-products produced from coal.

(T)

K147

Tar storage tank residues from coal tar refining.

(T)

K148

Residues from coal tar distillation, including but not limited to, still bottoms.

(T)

2. Listing Specific Definitions
(i) For the purposes of the K181 listing, dyes and/or pigments production is defined to include manufacture of the following product classes: dyes, pigments, or FDA certified colors that are classified as azo, triarylmethane, perylene or anthraquinone classes. Azo products include azo, monoazo, diazo, triazo, polyazo, azoic, benzidine, and pyrazolone products. Triarylmethane products include both triarylmethane and triphenylmethane products. Wastes that are not generated at a dyes and/or pigments manufacturing site, such as wastes from the offsite use, formulation, and packaging of dyes and/or pigments, are not included in the K181 listing.
3. K181 Listing Levels

Nonwastewaters containing constituents in amounts equal to or exceeding the following levels during any calendar year are subject to the K181 listing, unless the conditions in the K181 listing are met.

Constituent

Chemical Abstracts No.

Mass levels (kg/yr)

Aniline

62-53-3

9,300

o-Anisidine

90-04-0

110

4-Chloroaniline

106-47-8

4,800

p-Cresidine

120-71-8

660

2, 4-dimethylaniline

95-68-1

100

1, 2-Phenylenediamine

95-54-5

710

1, 3-Phenylenediamine

108-45-2

1,200

4. Procedures for demonstrating that dyes and/or pigment nonwastewaters are not K181 The procedures described in subparts (i) through (iii) and (v) of this part establish when nonwastewaters from the production of dyes/pigments would not be hazardous (these procedures apply to wastes that are not disposed in landfill units or treated in combustion units as specified in part 1 of this subparagraph). If the nonwastewaters are disposed in landfill units or treated in combustion units as described in part 1 of this subparagraph, then the nonwastewaters are not hazardous. In order to demonstrate that it is meeting the landfill disposal or combustion conditions contained in the K181 listing description, the generator must maintain documentation as described in subpart (iv) of this part.
(i) Determination based on no K181 constituents Generators that have knowledge (e.g., knowledge of constituents in wastes based on prior sampling and analysis data and/or information about raw materials used, production processes used, and reaction and degradation products formed) that their wastes contain none of the K181 constituents (see part 3 of this subparagraph) can use their knowledge to determine that their waste is not K181. The generator must document the basis for all such determinations on an annual basis and keep each annual documentation for three years.
(ii) Determination for generated quantities of 1,000 MT/yr or less for wastes that contain K181 constituents If the total annual quantity of dyes and/or pigment nonwastewaters generated is 1,000 metric tons or less, the generator can use knowledge of the wastes (e. g., knowledge of constituents in wastes based on prior analytical data and/or information about raw materials used, production processes used, and reaction and degradation products formed) to conclude that annual mass loadings for the K181 constituents are below the listing levels of part 3 of this subparagraph. To make this determination, the generator must:
(I) Each year document the basis for determining that the annual quantity of nonwastewaters expected to be generated will be less than 1,000 metric tons.
(II) Track the actual quantity of nonwastewaters generated from January 1 through December 31 of each year. If, at any time within the year, the actual waste quantity exceeds 1,000 metric tons, the generator must comply with the requirements of subpart (iii) of this part for the remainder of the year.
(III) Keep a running total of the K181 constituent mass loadings over the course of the calendar year.
(IV) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made:
I. The quantity of dyes and/or pigment nonwastewaters generated.
II. The relevant process information used.
III. The calculations performed to determine annual total mass loadings for each K181 constituent in the nonwastewaters during the year.
(iii) Determination for generated quantities greater than 1,000 MT/yr for wastes that contain K181 constituents If the total annual quantity of dyes and/or pigment nonwastewaters generated is greater than 1,000 metric tons, the generator must perform all of the steps described in items (I) through (XI) of this subpart in order to make a determination that its waste is not K181.
(I) Determine which K181 constituents of this subparagraph are reasonably expected to be present in the wastes based on knowledge of the wastes (e.g., based on prior sampling and analysis data and/or information about raw materials used, production processes used, and reaction and degradation products formed).
(II) If 1, 2-phenylenediamine is present in the wastes, the generator can use either knowledge or sampling and analysis procedures to determine the level of this constituent in the wastes. For determinations based on use of knowledge, the generator must comply with the procedures for using knowledge described in subpart (ii) of this part and keep the records described in item (ii)(IV) of this part. For determinations based on sampling and analysis, the generator must comply with the sampling and analysis and recordkeeping requirements described below in this subpart.
(III) Develop a waste sampling and analysis plan (or modify an existing plan) to collect and analyze representative waste samples for the K181 constituents reasonably expected to be present in the wastes. At a minimum, the plan must include:
I. A discussion of the number of samples needed to characterize the wastes fully;
II. The planned sample collection method to obtain representative waste samples;
III. A discussion of how the sampling plan accounts for potential temporal and spatial variability of the wastes; and
IV. A detailed description of the test methods to be used, including sample preparation, clean up (if necessary), and determinative methods.
(IV) Collect and analyze samples in accordance with the waste sampling and analysis plan.
I. The sampling and analysis must be unbiased, precise, and representative of the wastes.
II. The analytical measurements must be sufficiently sensitive, accurate and precise to support any claim that the constituent mass loadings are below the listing levels of part 3 of this subparagraph.
(V) Record the analytical results.
(VI) Record the waste quantity represented by the sampling and analysis results.
(VII) Calculate constituent-specific mass loadings (product of concentrations and waste quantity).
(VIII) Keep a running total of the K181 constituent mass loadings over the course of the calendar year.
(IX) Determine whether the mass of any of the K181 constituents listed in part 3 of this subparagraph generated between January 1 and December 31 of any year is below the K181 listing levels.
(X) Keep the following records on site for the three most recent calendar years in which the hazardous waste determinations are made:
I. The sampling and analysis plan.
II. The sampling and analysis results (including QA/QC data).
III. The quantity of dyes and/or pigments nonwastewaters generated.
IV. The calculations performed to determine annual mass loadings.
(XI) Nonhazardous waste determinations must be conducted annually to verify that the wastes remain nonhazardous.
I. The annual testing requirements are suspended after three consecutive successful annual demonstrations that the wastes are nonhazardous. The generator can then use knowledge of the wastes to support subsequent annual determinations.
II. The annual testing requirements are reinstated if the manufacturing or waste treatment processes generating the wastes are significantly altered, resulting in an increase of the potential for the wastes to exceed the listing levels.
III. If the annual testing requirements are suspended, the generator must keep records of the process knowledge information used to support a nonhazardous determination. If testing is reinstated, a description of the process change must be retained.
(iv) Recordkeeping for the landfill disposal and combustion exemptions For the purposes of meeting the landfill disposal and combustion condition set out in the K181 listing description, the generator must maintain on site for three years documentation demonstrating that each shipment of waste was received by a landfill unit that is subject to or meets the landfill design standards set out in the listing description, or was treated in combustion units as specified in the listing description.
(v) Waste holding and handling During the interim period, from the point of generation to completion of the hazardous waste determination, the generator is responsible for storing the wastes appropriately. If the wastes are determined to be hazardous and the generator has not complied with the requirements of this Chapter during the interim period, the generator could be subject to an enforcement action for improper management.
(d) Discarded Commercial Chemical Products, Off-specifications Species, Container Residues, and Spill Residues Thereof [ 40 CFR 261.33 ]

The following materials or items are hazardous wastes if and when they are discarded or intended to be discarded as described in item (1)(b)1(ii)(I) of this rule, when they are mixed with waste oil or used oil or other material and applied to the land for dust suppression or road treatment, when they are otherwise applied to the land in lieu of their original intended use or when they are contained in products that are applied to the land in lieu of their original intended use, or when, in lieu of their original intended use, they are produced for use as (or as a component of) a fuel, distributed for use as a fuel, or burned as a fuel.

1. Any commercial chemical product, or manufacturing chemical intermediate having the generic name listed in part 5 or 6 of this subparagraph.
2. Any off-specification commercial chemical product or manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in part 5 or 6 of this subparagraph.
3. Any residue remaining in a container or in an inner liner removed from a container that has held any commercial chemical product or manufacturing chemical intermediate having the generic name listed in part 5 or 6 of this subparagraph, unless the container is empty as defined in part (1)(g)2 of Rule 0400-12-01-.02 or subparagraph (16)(h) of Rule 0400-12-01-.09.

(Comment: Unless the residue is being beneficially used or reused, or legitimately recycled or reclaimed; or being accumulated, stored, transported, or treated prior to such use, re-use, recycling, or reclamation, the Department considers the residue to be intended for discard, and thus, a hazardous waste. An example of a legitimate re-use of the residue would be where the residue remains in the container and the container is used to hold the same commercial chemical product or manufacturing chemical intermediate it previously held. An example of the discard of the residue would be where the drum is sent to a drum reconditioner who reconditions the drum but discards the residue.)

4. Any residue or contaminated soil, water or other debris resulting from the cleanup of a spill into or on any land or water of any commercial chemical product or manufacturing chemical intermediate having the generic name listed in part 5 or 6 of this subparagraph, or any residue or contaminated soil, water or other debris resulting from the cleanup of a spill, into or on any land or water, of any off-specification chemical product and manufacturing chemical intermediate which, if it met specifications, would have the generic name listed in part 5 or 6 of this subparagraph.

(Comment: The phrase "commercial chemical product or manufacturing chemical intermediate having the generic name listed in . . ." refers to a chemical substance which is manufactured or formulated for commercial or manufacturing use which consists of the commercially pure grade of the chemical, any technical grades of the chemical that are produced or marketed, and all formulations in which the chemical is the sole active ingredient. It does not refer to a material, such as a manufacturing process waste, that contains any of the substances listed in part 5 or 6 of this subparagraph. Where a manufacturing process waste is deemed to be a hazardous waste because it contains a substance listed in part 5 or 6 of this subparagraph, such waste will be listed in either subparagraphs (b) or (c) of this paragraph or will be identified as a hazardous waste by the characteristics set forth in paragraph (3) of this rule.)

5. The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products or manufacturing chemical intermediates referred to in parts 1 through 4 of this subparagraph, are identified as acute hazardous wastes (H).

(Comment: For the convenience of the regulated community the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), and R (Reactivity). Absence of a letter indicates that the compound only is listed for acute toxicity.)

These wastes and their corresponding Hazardous Waste Codes are:

Hazardous Waste No.

Chemical Abstracts No.

Substance

P023

107-20-0

Acetaldehyde, chloro-

P002

591-08-2

Acetamide, N-(aminothioxomethyl)-

P057

640-19-7

Acetamide, 2-fluoro-

P058

62-74-8

Acetic acid, fluoro-, sodium salt

P002

591-08-2

1-Acetyl-2-thiourea

P003

107-02-8

Acrolein

P070

116-06-3

Aldicarb

P203

1646-88-4

Aldicarb sulfone.

P004

309-00-2

Aldrin

P005

107-18-6

Allyl alcohol

P006

20859-73-8

Aluminum phosphide (R,T)

P007

2763-96-4

5-(Aminomethyl)-3-isoxazolol

P008

504-24-5

4-Aminopyridine

P009

131-74-8

Ammonium picrate (R)

P119

7803-55-6

Ammonium vanadate

P099

506-61-6

Argentate(1-), bis(cyano-C)-, potassium

P010

7778-39-4

Arsenic acid H3AsO4

P012

1327-53-3

Arsenic oxide As2O3

P011

1303-28-2

Arsenic oxide As2O5

P011

1303-28-2

Arsenic pentoxide

P012

1327-53-3

Arsenic trioxide

P038

692-42-2

Arsine, diethyl-

P036

696-28-6

Arsonous dichloride, phenyl-

P054

151-56-4

Aziridine

P067

75-55-8

Aziridine, 2-methyl-

P013

542-62-1

Barium cyanide

P024

106-47-8

Benzenamine, 4-chloro-

P077

100-01-6

Benzenamine, 4-nitro-

P028

100-44-7

Benzene, (chloromethyl)-

P042

51-43-4

1,2-Benzenediol, 4-[1-hydroxy-2-(methylamino)ethyl]-, (R)-

P046

122-09-8

Benzeneethanamine, alpha,alpha-dimethyl-

P014

108-98-5

Benzenethiol

P127

1563-66-2

7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-, methylcarbamate.

P188

57-64-7

Benzoic acid, 2-hydroxy-, compd. with (3aS-cis)-1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethylpyrrolo[2,3-b]indol-5-yl methylcarbamate ester (1:1).

P001

181-81-2

2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, & salts, when present at concentrations greater than 0.3%

P028

100-44-7

Benzyl chloride

P015

7440-41-7

Beryllium powder

P017

598-31-2

Bromoacetone

P018

357-57-3

Brucine

P045

39196-18-4

2-Butanone, 3,3-dimethyl-1-(methylthio)-, O-[(methylamino)carbonyl] oxime

P021

592-01-8

Calcium cyanide

P021

592-01-8

Calcium cyanide Ca(CN)2

P189

55285-14-8

Carbamic acid, [(dibutylamino)- thio]methyl-, 2,3-dihydro-2,2-dimethyl- 7-benzofuranyl ester.

P191

644-64-4

Carbamic acid, dimethyl-, 1-[(dimethyl-amino)carbonyl]- 5-methyl-1H- pyrazol-3-yl ester.

P192

119-38-0

Carbamic acid, dimethyl-, 3-methyl-1- (1-methylethyl)-1H- pyrazol-5-yl ester.

P190

1129-41-5

Carbamic acid, methyl-, 3-methylphenyl ester.

P127

1563-66-2

Carbofuran.

P022

75-15-0

Carbon disulfide

P095

75-44-5

Carbonic dichloride

P189

55285-14-8

Carbosulfan.

P023

107-20-0

Chloroacetaldehyde

P024

106-47-8

p-Chloroaniline

P026

5344-82-1

1-(o-Chlorophenyl)thiourea

P027

542-76-7

3-Chloropropionitrile

P029

544-92-3

Copper cyanide

P029

544-92-3

Copper cyanide Cu(CN)

P202

64-00-6

m-Cumenyl methylcarbamate.

P030

Cyanides (soluble cyanide salts), not otherwise specified

P031

460-19-5

Cyanogen

P033

506-77-4

Cyanogen chloride

P033

506-77-4

Cyanogen chloride (CN)Cl

P034

131-89-5

2-Cyclohexyl-4,6-dinitrophenol

P016

542-88-1

Dichloromethyl ether

P036

696-28-6

Dichlorophenylarsine

P037

60-57-1

Dieldrin

P038

692-42-2

Diethylarsine

P041

311-45-5

Diethyl-p-nitrophenyl phosphate

P040

297-97-2

O,O-Diethyl O-pyrazinyl phosphorothioate

P043

55-91-4

Diisopropylfluorophosphate (DFP)

P004

309-00-2

1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a,-hexahydro-, (1alpha,4alpha,4abeta,5alpha,8alpha,8abeta)-

P060

465-73-6

1,4,5,8-Dimethanonaphthalene, 1,2,3,4,10,10-hexachloro-1,4,4a,5,8,8a-hexahydro-, (1alpha,4alpha,4abeta,5beta,8beta,8abeta)-

P037

60-57-1

2,7:3,6-Dimethanonaphth[2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-octahydro-, (1aalpha,2beta,2aalpha,3beta,6beta,6aalpha,7beta, 7aalpha)-

P051

172-20-8

2,7:3,6-Dimethanonaphth [2,3-b]oxirene, 3,4,5,6,9,9-hexachloro-1a,2,2a,3,6,6a,7,7a-

octahydro-, (1aalpha,2beta,2abeta,3alpha,6alpha,6abeta,7beta, 7aalpha)-, & metabolites

P044

60-51-5

Dimethoate

P046

122-09-8

alpha,alpha-Dimethylphenethylamine

P191

644-64-4

Dimetilan.

P047

1534-52-1

4,6-Dinitro-o-cresol, & salts

P048

51-28-5

2,4-Dinitrophenol

P020

88-85-7

Dinoseb

P085

152-16-9

Diphosphoramide, octamethyl-

P111

107-49-3

Diphosphoric acid, tetraethyl ester

P039

298-04-4

Disulfoton

P049

541-53-7

Dithiobiuret

P185

26419-73-8

1,3-Dithiolane-2-carboxaldehyde, 2,4-dimethyl-, O- [(methylamino)- carbonyl]oxime.

P050

115-29-7

Endosulfan

P088

145-73-3

Endothall

P051

72-20-8

Endrin

P051

72-20-8

Endrin, & metabolites

P042

51-43-4

Epinephrine

P031

460-19-5

Ethanedinitrile

P194

23135-22-0

Ethanimidothioic acid, 2-(dimethylamino)-N-[[(methylamino) carbonyl]oxy]-2-oxo-, methyl ester.

P066

16752-77-5

Ethanimidothioic acid, N-[[(methylamino)carbonyl]oxy]-, methyl ester

P101

107-12-0

Ethyl cyanide

P054

151-56-4

Ethyleneimine

P097

52-85-7

Famphur

P056

7782-41-4

Fluorine

P057

640-19-7

Fluoroacetamide

P058

62-74-8

Fluoroacetic acid, sodium salt

P198

23422-53-9

Formetanate hydrochloride.

P197

17702-57-7

Formparanate.

P065

628-86-4

Fulminic acid, mercury(2+) salt (R,T)

P059

76-44-8

Heptachlor

P062

757-58-4

Hexaethyl tetraphosphate

P116

79-19-6

Hydrazinecarbothioamide

P068

60-34-4

Hydrazine, methyl-

P063

74-90-8

Hydrocyanic acid

P063

74-90-8

Hydrogen cyanide

P096

7803-51-2

Hydrogen phosphide

P060

465-73-6

Isodrin

P192

119-38-0

Isolan.

P202

64-00-6

3-Isopropylphenyl N-methylcarbamate.

P007

2763-96-4

3(2H)-Isoxazolone, 5-(aminomethyl)-

P196

15339-36-3

Manganese, bis(dimethylcarbamodithioato-S,S')-,

P196

15339-36-3

Manganese dimethyldithiocarbamate.

P092

62-38-4

Mercury, (acetato-O)phenyl-

P065

628-86-4

Mercury fulminate (R,T)

P082

62-75-9

Methanamine, N-methyl-N-nitroso-

P064

624-83-9

Methane, isocyanato-

P016

542-88-1

Methane, oxybis[chloro-

P112

509-14-8

Methane, tetranitro- (R)

P118

75-70-7

Methanethiol, trichloro-

P198

23422-53-9

Methanimidamide, N,N-dimethyl-N'-[3-[[(methylamino)-carbonyl]oxy]phenyl]-, monohydrochloride.

P197

17702-57-7

Methanimidamide, N,N-dimethyl-N'-[2-methyl-4-[[(methylamino)carbonyl]oxy]phenyl]-

P050

115-29-7

6,9-Methano-2,4,3-benzodioxathiepin, 6,7,8,9,10,10- hexachloro-1,5,5a,6,9,9a-hexahydro-, 3-oxide

P059

76-44-8

4,7-Methano-1H-indene, 1,4,5,6,7,8,8-heptachloro- 3a,4,7,7a-tetrahydro-

P199

2032-65-7

Methiocarb.

P066

16752-77-5

Methomyl

P068

60-34-4

Methyl hydrazine

P064

624-83-9

Methyl isocyanate

P069

75-86-5

2-Methyllactonitrile

P071

298-00-0

Methyl parathion

P190

1129-41-5

Metolcarb.

P128

315-18-4

Mexacarbate.

P072

86-88-4

alpha-Naphthylthiourea

P073

13463-39-3

Nickel carbonyl

P073

13463-39-3

Nickel carbonyl Ni(CO)4, (T-4)-

P074

557-19-7

Nickel cyanide

P074

557-19-7

Nickel cyanide Ni(CN)2

P075

154-11-5

Nicotine, & salts (this listing does not include patches, gums, and lozenges that are FDA-approved over-the-counter nicotine replacement therapies).

P076

10102-43-9

Nitric oxide

P077

100-01-6

p-Nitroaniline

P078

10102-44-0

Nitrogen dioxide

P076

10102-43-9

Nitrogen oxide NO

P078

10102-44-0

Nitrogen oxide NO2

P081

55-63-0

Nitroglycerine (R)

P082

62-75-9

N-Nitrosodimethylamine

P084

4549-40-0

N-Nitrosomethylvinylamine

P085

152-16-9

Octamethylpyrophosphoramide

P087

20816-12-0

Osmium oxide OsO4, (T-4)-

P087

20816-12-0

Osmium tetroxide

P088

145-73-3

7-Oxabicyclo[2.2.1]heptane-2,3-dicarboxylic acid

P194

23135-22-0

Oxamyl.

P089

56-38-2

Parathion

P034

131-89-5

Phenol, 2-cyclohexyl-4,6-dinitro-

P128

315-18-4

Phenol, 4-(dimethylamino)-3,5-dimethyl-, methylcarbamate (ester).

P199

2032-65-7

Phenol, (3,5-dimethyl-4-(methylthio)-, methylcarbamate

P048

51-28-5

Phenol, 2,4-dinitro-

P047

1534-52-1

Phenol, 2-methyl-4,6-dinitro-, & salts

P202

64-00-6

Phenol, 3-(1-methylethyl)-, methyl carbamate.

P201

2631-37-0

Phenol, 3-methyl-5-(1-methylethyl)-, methyl carbamate.

P020

88-85-7

Phenol, 2-(1-methylpropyl)-4,6-dinitro-

P009

131-74-8

Phenol, 2,4,6-trinitro-, ammonium salt (R)

P092

62-38-4

Phenylmercury acetate

P093

103-85-5

Phenylthiourea

P094

298-02-2

Phorate

P095

75-44-5

Phosgene

P096

7803-51-2

Phosphine

P041

311-45-5

Phosphoric acid, diethyl 4-nitrophenyl ester

P039

298-04-4

Phosphorodithioic acid, O,O-diethyl S-[2-(ethylthio)ethyl] ester

P094

298-02-2

Phosphorodithioic acid, O,O-diethyl S-[(ethylthio)methyl] ester

P044

60-51-5

Phosphorodithioic acid, O,O-dimethyl S-[2-(methylamino)-2-oxoethyl] ester

P043

55-91-4

Phosphorofluoridic acid, bis(1-methylethyl) ester

P089

56-38-2

Phosphorothioic acid, O,O-diethyl O-(4-nitrophenyl) ester

P040

297-97-2

Phosphorothioic acid, O,O-diethyl O-pyrazinyl ester

P097

52-85-7

Phosphorothioic acid, O-[4-[(dimethylamino)sulfonyl]phenyl] O,O-dimethyl ester

P071

298-00-0

Phosphorothioic acid, O,O,-dimethyl O-(4-nitrophenyl) ester

P204

57-47-6

Physostigmine.

P188

57-64-7

Physostigmine salicylate.

P110

78-00-2

Plumbane, tetraethyl-

P098

151-50-8

Potassium cyanide

P098

151-50-8

Potassium cyanide K(CN)

P099

506-61-6

Potassium silver cyanide

P201

2631-37-0

Promecarb

P203

1646-88-4

Propanal, 2-methyl-2-(methyl-sulfonyl)-, O-[(methylamino)carbonyl] oxime.

P070

116-06-3

Propanal, 2-methyl-2-(methylthio)-, O-[(methylamino)carbonyl]oxime

P101

107-12-0

Propanenitrile

P027

542-76-7

Propanenitrile, 3-chloro-

P069

75-86-5

Propanenitrile, 2-hydroxy-2-methyl-

P081

55-63-0

1,2,3-Propanetriol, trinitrate (R)

P017

598-31-2

2-Propanone, 1-bromo-

P102

107-19-7

Propargyl alcohol

P003

107-02-8

2-Propenal

P005

107-18-6

2-Propen-1-ol

P067

75-55-8

1,2-Propylenimine

P102

107-19-7

2-Propyn-1-ol

P008

504-24-5

4-Pyridinamine

P075

154-11-5

Pyridine, 3-(1-methyl-2-pyrrolidinyl)-, (S)-, & salts (this listing does not include patches, gums, and lozenges that are FDA-approved over-the-counter nicotine replacement therapies).

P204

57-47-6

Pyrrolo[2,3-b]indol-5-ol, 1,2,3,3a,8,8a-hexahydro-1,3a,8-trimethyl-, methylcarbamate (ester), (3aS-cis)-.

P114

12039-52-0

Selenious acid, dithallium(1+) salt

P103

630-10-4

Selenourea

P104

506-64-9

Silver cyanide

P104

506-64-9

Silver cyanide Ag(CN)

P105

26628-22-8

Sodium azide

P106

143-33-9

Sodium cyanide

P106

143-33-9

Sodium cyanide Na(CN)

P108

157-24-9

Strychnidin-10-one, & salts

P018

357-57-3

Strychnidin-10-one, 2,3-dimethoxy-

P108

157-24-9

Strychnine, & salts

P115

7446-18-6

Sulfuric acid, dithallium(1+) salt

P109

3689-24-5

Tetraethyldithiopyrophosphate

P110

78-00-2

Tetraethyl lead

P111

107-49-3

Tetraethyl pyrophosphate

P112

509-14-8

Tetranitromethane (R)

P062

757-58-4

Tetraphosphoric acid, hexaethyl ester

P113

1314-32-5

Thallic oxide

P113

1314-32-5

Thallium oxide Tl2O3

P114

12039-52-0

Thallium(I) selenite

P115

7446-18-6

Thallium(I) sulfate

P109

3689-24-5

Thiodiphosphoric acid, tetraethyl ester

P045

39196-18-4

Thiofanox

P049

541-53-7

Thioimidodicarbonic diamide [(H2N)C(S)]2NH

P014

108-98-5

Thiophenol

P116

79-19-6

Thiosemicarbazide

P026

5344-82-1

Thiourea, (2-chlorophenyl)-

P072

86-88-4

Thiourea, 1-naphthalenyl-

P093

103-85-5

Thiourea, phenyl-

P185

26419-73-8

Tirpate.

P123

8001-35-2

Toxaphene

P118

75-70-7

Trichloromethanethiol

P119

7803-55-6

Vanadic acid, ammonium salt

P120

1314-62-1

Vanadium oxide V2O5

P120

1314-62-1

Vanadium pentoxide

P084

4549-40-0

Vinylamine, N-methyl-N-nitroso-

P001

181-81-2

Warfarin, & salts, when present at concentrations greater than 0.3%

P205

137-30-4

Zinc, bis(dimethylcarbamodithioato-S,S')-,

P121

557-21-1

Zinc cyanide

P121

557-21-1

Zinc cyanide Zn(CN)2

P122

1314-84-7

Zinc phosphide Zn3P2, when present at concentrations greater than 10% (R,T)

P205

137-30-4

Ziram.

FOOTNOTE: 1CAS Number given for parent compound only.

6. The commercial chemical products, manufacturing chemical intermediates, or off-specification commercial chemical products referred to in parts 1 through 4 of this subparagraph, are identified as toxic wastes (T), unless otherwise designated.

(Comment: For the convenience of the regulated community, the primary hazardous properties of these materials have been indicated by the letters T (Toxicity), R (Reactivity), I (Ignitability) and C (Corrosivity). Absence of a letter indicates that the compound is only listed for toxicity.)

These wastes and their corresponding Hazardous Waste Codes are:

Hazardous Waste No.

Chemical Abstracts No.

Substance

U394

30558-43-1

A2213.

U001

75-07-0

Acetaldehyde (I)

U034

75-87-6

Acetaldehyde, trichloro-

U187

62-44-2

Acetamide, N-(4-ethoxyphenyl)-

U005

53-96-3

Acetamide, N-9H-fluoren-2-yl-

U240

194-75-7

Acetic acid, (2,4-dichlorophenoxy)-, salts & esters

U112

141-78-6

Acetic acid, ethyl ester (I)

U144

301-04-2

Acetic acid, lead(2+) salt

U214

563-68-8

Acetic acid, thallium(1+) salt

see F027

93-76-5

Acetic acid, (2,4,5-trichlorophenoxy)-

U002

67-64-1

Acetone (I)

U003

75-05-8

Acetonitrile (I,T)

U004

98-86-2

Acetophenone

U005

53-96-3

2-Acetylaminofluorene

U006

75-36-5

Acetyl chloride (C,R,T)

U007

79-06-1

Acrylamide

U008

79-10-7

Acrylic acid (I)

U009

107-13-1

Acrylonitrile

U011

61-82-5

Amitrole

U012

62-53-3

Aniline (I,T)

U136

75-60-5

Arsinic acid, dimethyl-

U014

492-80-8

Auramine

U015

115-02-6

Azaserine

U010

50-07-7

Azirino[2',3':3,4]pyrrolo[1,2-a]indole-4,7-dione, 6-amino-8-[[(aminocarbonyl)oxy]methyl]-1,1a,2,8,8a,8b-hexahydro-8a-methoxy-5-methyl-, [1aS-(1aalpha, 8beta,8aalpha,8balpha)]-

U280

101-27-9

Barban.

U278

22781-23-3

Bendiocarb.

U364

22961-82-6

Bendiocarb phenol.

U271

17804-35-2

Benomyl.

U157

56-49-5

Benz[j]aceanthrylene, 1,2-dihydro-3-methyl-

U016

225-51-4

Benz[c]acridine

U017

98-87-3

Benzal chloride

U192

23950-58-5

Benzamide, 3,5-dichloro-N-(1,1-dimethyl-2-propynyl)-

U018

56-55-3

Benz[a]anthracene

U094

57-97-6

Benz[a]anthracene, 7,12-dimethyl-

U012

62-53-3

Benzenamine (I,T)

U014

492-80-8

Benzenamine, 4,4'-carbonimidoylbis[N,N-dimethyl-

U049

3165-93-3

Benzenamine, 4-chloro-2-methyl-, hydrochloride

U093

60-11-7

Benzenamine, N,N-dimethyl-4-(phenylazo)-

U328

95-53-4

Benzenamine, 2-methyl-

U353

106-49-0

Benzenamine, 4-methyl-

U158

101-14-4

Benzenamine, 4,4'-methylenebis[2-chloro-

U222

636-21-5

Benzenamine, 2-methyl-, hydrochloride

U181

99-55-8

Benzenamine, 2-methyl-5-nitro-

U019

71-43-2

Benzene (I,T)

U038

510-15-6

Benzeneacetic acid, 4-chloro-alpha-(4-chlorophenyl)-alpha-hydroxy-, ethyl ester

U030

101-55-3

Benzene, 1-bromo-4-phenoxy-

U035

305-03-3

Benzenebutanoic acid, 4-[bis(2-chloroethyl)amino]-

U037

108-90-7

Benzene, chloro-

U221

25376-45-8

Benzenediamine, ar-methyl-

U028

117-81-7

1,2-Benzenedicarboxylic acid, bis(2-ethylhexyl) ester

U069

84-74-2

1,2-Benzenedicarboxylic acid, dibutyl ester

U088

84-66-2

1,2-Benzenedicarboxylic acid, diethyl ester

U102

131-11-3

1,2-Benzenedicarboxylic acid, dimethyl ester

U107

117-84-0

1,2-Benzenedicarboxylic acid, dioctyl ester

U070

95-50-1

Benzene, 1,2-dichloro-

U071

541-73-1

Benzene, 1,3-dichloro-

U072

106-46-7

Benzene, 1,4-dichloro-

U060

72-54-8

Benzene, 1,1'-(2,2-dichloroethylidene)bis[4-chloro-

U017

98-87-3

Benzene, (dichloromethyl)-

U223

26471-62-5

Benzene, 1,3-diisocyanatomethyl- (R,T)

U239

1330-20-7

Benzene, dimethyl- (I)

U201

108-46-3

1,3-Benzenediol

U127

118-74-1

Benzene, hexachloro-

U056

110-82-7

Benzene, hexahydro- (I)

U220

108-88-3

Benzene, methyl-

U105

121-14-2

Benzene, 1-methyl-2,4-dinitro-

U106

606-20-2

Benzene, 2-methyl-1,3-dinitro-

U055

98-82-8

Benzene, (1-methylethyl)- (I)

U169

98-95-3

Benzene, nitro-

U183

608-93-5

Benzene, pentachloro-

U185

82-68-8

Benzene, pentachloronitro-

U020

98-09-9

Benzenesulfonic acid chloride (C,R)

U020

98-09-9

Benzenesulfonyl chloride (C,R)

U207

95-94-3

Benzene, 1,2,4,5-tetrachloro-

U061

50-29-3

Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4-chloro-

U247

72-43-5

Benzene, 1,1'-(2,2,2-trichloroethylidene)bis[4- methoxy-

U023

98-07-7

Benzene, (trichloromethyl)-

U234

99-35-4

Benzene, 1,3,5-trinitro-

U021

92-87-5

Benzidine

U278

22781-23-3

1,3-Benzodioxol-4-ol, 2,2-dimethyl-, methyl carbamate.

U364

22961-82-6

1,3-Benzodioxol-4-ol, 2,2-dimethyl-,

U203

94-59-7

1,3-Benzodioxole, 5-(2-propenyl)-

U141

120-58-1

1,3-Benzodioxole, 5-(1-propenyl)-

U090

94-58-6

1,3-Benzodioxole, 5-propyl-

U367

1563-38-8

7-Benzofuranol, 2,3-dihydro-2,2-dimethyl-

U064

189-55-9

Benzo[rst]pentaphene

U248

181-81-2

2H-1-Benzopyran-2-one, 4-hydroxy-3-(3-oxo-1-phenylbutyl)-, & salts, when present at concentrations of 0.3% or less

U022

50-32-8

Benzo[a]pyrene

U197

106-51-4

p-Benzoquinone

U023

98-07-7

Benzotrichloride (C,R,T)

U085

1464-53-5

2,2'-Bioxirane

U021

92-87-5

[1,1'-Biphenyl]-4,4'-diamine

U073

91-94-1

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dichloro-

U091

119-90-4

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethoxy-

U095

119-93-7

[1,1'-Biphenyl]-4,4'-diamine, 3,3'-dimethyl-

U225

75-25-2

Bromoform

U030

101-55-3

4-Bromophenyl phenyl ether

U128

87-68-3

1,3-Butadiene, 1,1,2,3,4,4-hexachloro-

U172

924-16-3

1-Butanamine, N-butyl-N-nitroso-

U031

71-36-3

1-Butanol (I)

U159

78-93-3

2-Butanone (I,T)

U160

1338-23-4

2-Butanone peroxide (R,T)

U053

4170-30-3

2-Butenal

U074

764-41-0

2-Butene, 1,4-dichloro- (I,T)

U143

303-34-4

2-Butenoic acid, 2-methyl-, 7-[[2,3-dihydroxy- 2-(1-methoxyethyl)-3-methyl-1-oxobutoxy]methyl]- 2,3,5,7a-tetrahydro-1H-pyrrolizin-1-yl ester, [1S-

[1alpha(Z),7(2S*,3R*),7aalpha]]-

U031

71-36-3

n-Butyl alcohol (I)

U136

75-60-5

Cacodylic acid

U032

13765-19-0

Calcium chromate

U372

10605-21-7

Carbamic acid, 1H-benzimidazol-2-yl, methyl ester.

U271

17804-35-2

Carbamic acid, [1-[(butylamino)carbonyl]-1H-benzimidazol-2- yl]-, methyl ester.

U280

101-27-9

Carbamic acid, (3-chlorophenyl)-, 4-chloro-2-butynyl ester.

U238

51-79-6

Carbamic acid, ethyl ester

U178

615-53-2

Carbamic acid, methylnitroso-, ethyl ester

U373

122-42-9

Carbamic acid, phenyl-, 1-methylethyl ester.

U409

23564-05-8

Carbamic acid, [1,2-phenylenebis (iminocarbonothioyl)]bis-, dimethyl ester.

U097

79-44-7

Carbamic chloride, dimethyl-

U114

1111-54-6

Carbamodithioic acid, 1,2-ethanediylbis-, salts & esters

U062

2303-16-4

Carbamothioic acid, bis(1-methylethyl)-, S-(2,3-dichloro-2-propenyl) ester

U389

2303-17-5

Carbamothioic acid, bis(1-methylethyl)-, S-(2,3,3-trichloro-2-propenyl) ester.

U387

52888-80-9

Carbamothioic acid, dipropyl-, S-(phenylmethyl) ester.

U279

63-25-2

Carbaryl.

U372

10605-21-7

Carbendazim.

U367

1563-38-8

Carbofuran phenol.

U215

6533-73-9

Carbonic acid, dithallium(1+) salt

U033

353-50-4

Carbonic difluoride

U156

79-22-1

Carbonochloridic acid, methyl ester (I,T)

U033

353-50-4

Carbon oxyfluoride (R,T)

U211

56-23-5

Carbon tetrachloride

U034

75-87-6

Chloral

U035

305-03-3

Chlorambucil

U036

57-74-9

Chlordane, alpha & gamma isomers

U026

494-03-1

Chlornaphazin

U037

108-90-7

Chlorobenzene

U038

510-15-6

Chlorobenzilate

U039

59-50-7

p-Chloro-m-cresol

U042

110-75-8

2-Chloroethyl vinyl ether

U044

67-66-3

Chloroform

U046

107-30-2

Chloromethyl methyl ether

U047

91-58-7

beta-Chloronaphthalene

U048

95-57-8

o-Chlorophenol

U049

3165-93-3

4-Chloro-o-toluidine, hydrochloride

U032

13765-19-0

Chromic acid H2CrO4, calcium salt

U050

218-01-9

Chrysene

U051

Creosote

U052

1319-77-3

Cresol (Cresylic acid)

U053

4170-30-3

Crotonaldehyde

U055

98-82-8

Cumene (I)

U246

506-68-3

Cyanogen bromide (CN)Br

U197

106-51-4

2,5-Cyclohexadiene-1,4-dione

U056

110-82-7

Cyclohexane (I)

U129

58-89-9

Cyclohexane, 1,2,3,4,5,6-hexachloro-, (1alpha,2alpha,3beta,4alpha,5alpha,6beta)-

U057

108-94-1

Cyclohexanone (I)

U130

77-47-4

1,3-Cyclopentadiene, 1,2,3,4,5,5-hexachloro-

U058

50-18-0

Cyclophosphamide

U240

194-75-7

2,4-D, salts & esters

U059

20830-81-3

Daunomycin

U060

72-54-8

DDD

U061

50-29-3

DDT

U062

2303-16-4

Diallate

U063

53-70-3

Dibenz[a,h]anthracene

U064

189-55-9

Dibenzo[a,i]pyrene

U066

96-12-8

1,2-Dibromo-3-chloropropane

U069

84-74-2

Dibutyl phthalate

U070

95-50-1

o-Dichlorobenzene

U071

541-73-1

m-Dichlorobenzene

U072

106-46-7

p-Dichlorobenzene

U073

91-94-1

3,3'-Dichlorobenzidine

U074

764-41-0

1,4-Dichloro-2-butene (I,T)

U075

75-71-8

Dichlorodifluoromethane

U078

75-35-4

1,1-Dichloroethylene

U079

156-60-5

1,2-Dichloroethylene

U025

111-44-4

Dichloroethyl ether

U027

108-60-1

Dichloroisopropyl ether

U024

111-91-1

Dichloromethoxy ethane

U081

120-83-2

2,4-Dichlorophenol

U082

87-65-0

2,6-Dichlorophenol

U084

542-75-6

1,3-Dichloropropene

U085

1464-53-5

1,2:3,4-Diepoxybutane (I,T)

U395

5952-26-1

Diethylene glycol, dicarbamate.

U108

123-91-1

1,4-Diethyleneoxide

U028

117-81-7

Diethylhexyl phthalate

U086

1615-80-1

N,N'-Diethylhydrazine

U087

3288-58-2

O,O-Diethyl S-methyl dithiophosphate

U088

84-66-2

Diethyl phthalate

U089

56-53-1

Diethylstilbesterol

U090

94-58-6

Dihydrosafrole

U091

119-90-4

3,3'-Dimethoxybenzidine

U092

124-40-3

Dimethylamine (I)

U093

60-11-7

p-Dimethylaminoazobenzene

U094

57-97-6

7,12-Dimethylbenz[a]anthracene

U095

119-93-7

3,3'-Dimethylbenzidine

U096

80-15-9

alpha,alpha-Dimethylbenzylhydroperoxide (R)

U097

79-44-7

Dimethylcarbamoyl chloride

U098

57-14-7

1,1-Dimethylhydrazine

U099

540-73-8

1,2-Dimethylhydrazine

U101

105-67-9

2,4-Dimethylphenol

U102

131-11-3

Dimethyl phthalate

U103

77-78-1

Dimethyl sulfate

U105

121-14-2

2,4-Dinitrotoluene

U106

606-20-2

2,6-Dinitrotoluene

U107

117-84-0

Di-n-octyl phthalate

U108

123-91-1

1,4-Dioxane

U109

122-66-7

1,2-Diphenylhydrazine

U110

142-84-7

Dipropylamine (I)

U111

621-64-7

Di-n-propylnitrosamine

U041

106-89-8

Epichlorohydrin

U001

75-07-0

Ethanal (I)

U174

55-18-5

Ethanamine, N-ethyl-N-nitroso-

U404

121-44-8

Ethanamine, N,N-diethyl-

U155

91-80-5

1,2-Ethanediamine, N,N-dimethyl-N'-2-pyridinyl-N'-(2-thienylmethyl)-

U067

106-93-4

Ethane, 1,2-dibromo-

U076

75-34-3

Ethane, 1,1-dichloro-

U077

107-06-2

Ethane, 1,2-dichloro-

U131

67-72-1

Ethane, hexachloro-

U024

111-91-1

Ethane, 1,1'-[methylenebis(oxy)]bis[2-chloro-

U117

60-29-7

Ethane, 1,1'-oxybis-(I)

U025

111-44-4

Ethane, 1,1'-oxybis[2-chloro-

U184

76-01-7

Ethane, pentachloro-

U208

630-20-6

Ethane, 1,1,1,2-tetrachloro-

U209

79-34-5

Ethane, 1,1,2,2-tetrachloro-

U218

62-55-5

Ethanethioamide

U226

71-55-6

Ethane, 1,1,1-trichloro-

U227

79-00-5

Ethane, 1,1,2-trichloro-

U410

59669-26-0

Ethanimidothioic acid, N,N'- [thiobis[(methylimino)carbonyloxy]]bis-, dimethyl ester

U394

30558-43-1

Ethanimidothioic acid, 2-(dimethylamino)-N-hydroxy-2-oxo-, methyl ester.

U359

110-80-5

Ethanol, 2-ethoxy-

U173

1116-54-7

Ethanol, 2,2'-(nitrosoimino)bis-

U395

5952-26-1

Ethanol, 2,2'-oxybis-, dicarbamate.

U004

98-86-2

Ethanone, 1-phenyl-

U043

75-01-4

Ethene, chloro-

U042

110-75-8

Ethene, (2-chloroethoxy)-

U078

75-35-4

Ethene, 1,1-dichloro-

U079

156-60-5

Ethene, 1,2-dichloro-, (E)-

U210

127-18-4

Ethene, tetrachloro-

U228

79-01-6

Ethene, trichloro-

U112

141-78-6

Ethyl acetate (I)

U113

140-88-5

Ethyl acrylate (I)

U238

51-79-6

Ethyl carbamate (urethane)

U117

60-29-7

Ethyl ether (I)

U114

1111-54-6

Ethylenebisdithiocarbamic acid, salts & esters

U067

106-93-4

Ethylene dibromide

U077

107-06-2

Ethylene dichloride

U359

110-80-5

Ethylene glycol monoethyl ether

U115

75-21-8

Ethylene oxide (I,T)

U116

96-45-7

Ethylenethiourea

U076

75-34-3

Ethylidene dichloride

U118

97-63-2

Ethyl methacrylate

U119

62-50-0

Ethyl methanesulfonate

U120

206-44-0

Fluoranthene

U122

50-00-0

Formaldehyde

U123

64-18-6

Formic acid (C,T)

U124

110-00-9

Furan (I)

U125

98-01-1

2-Furancarboxaldehyde (I)

U147

108-31-6

2,5-Furandione

U213

109-99-9

Furan, tetrahydro-(I)

U125

98-01-1

Furfural (I)

U124

110-00-9

Furfuran (I)

U206

18883-66-4

Glucopyranose, 2-deoxy-2-(3-methyl-3-nitrosoureido)-, D-

U206

18883-66-4

D-Glucose, 2-deoxy-2-[[(methylnitrosoamino)- carbonyl]amino]-

U126

765-34-4

Glycidylaldehyde

U163

70-25-7

Guanidine, N-methyl-N'-nitro-N-nitroso-

U127

118-74-1

Hexachlorobenzene

U128

87-68-3

Hexachlorobutadiene

U130

77-47-4

Hexachlorocyclopentadiene

U131

67-72-1

Hexachloroethane

U132

70-30-4

Hexachlorophene

U243

1888-71-7

Hexachloropropene

U133

302-01-2

Hydrazine (R,T)

U086

1615-80-1

Hydrazine, 1,2-diethyl-

U098

57-14-7

Hydrazine, 1,1-dimethyl-

U099

540-73-8

Hydrazine, 1,2-dimethyl-

U109

122-66-7

Hydrazine, 1,2-diphenyl-

U134

7664-39-3

Hydrofluoric acid (C,T)

U225

75-25-2

Methane, tribromo-

U044

67-66-3

Methane, trichloro-

U121

75-69-4

Methane, trichlorofluoro-

U036

57-74-9

4,7-Methano-1H-indene, 1,2,4,5,6,7,8,8-octachloro-2,3,3a,4,7,7a-hexahydro-

U154

67-56-1

Methanol (I)

U155

91-80-5

Methapyrilene

U142

143-50-0

1,3,4-Metheno-2H-cyclobuta[cd]pentalen-2-one, 1,1a,3,3a,4,5,5,5a,5b,6-decachlorooctahydro-

U247

72-43-5

Methoxychlor

U154

67-56-1

Methyl alcohol (I)

U029

74-83-9

Methyl bromide

U186

504-60-9

1-Methylbutadiene (I)

U045

74-87-3

Methyl chloride (I,T)

U156

79-22-1

Methyl chlorocarbonate (I,T)

U226

71-55-6

Methyl chloroform

U157

56-49-5

3-Methylcholanthrene

U158

101-14-4

4,4'-Methylenebis(2-chloroaniline)

U068

74-95-3

Methylene bromide

U080

75-09-2

Methylene chloride

U159

78-93-3

Methyl ethyl ketone (MEK) (I,T)

U160

1338-23-4

Methyl ethyl ketone peroxide (R,T)

U138

74-88-4

Methyl iodide

U161

108-10-1

Methyl isobutyl ketone (I)

U162

80-62-6

Methyl methacrylate (I,T)

U161

108-10-1

4-Methyl-2-pentanone (I)

U164

56-04-2

Methylthiouracil

U010

50-07-7

Mitomycin C

U059

20830-81-3

5,12-Naphthacenedione, 8-acetyl-10-[(3-amino-2,3,6-trideoxy)-alpha-L-lyxo-hexopyranosyl)oxy]-7,8,9,10-tetrahydro-6,8,11-trihydroxy-1-methoxy-, (8S-cis)-

U167

134-32-7

1-Naphthalenamine

U168

91-59-8

2-Naphthalenamine

U026

494-03-1

Naphthalenamine, N,N'-bis(2-chloroethyl)-

U165

91-20-3

Naphthalene

U047

91-58-7

Naphthalene, 2-chloro-

U166

130-15-4

1,4-Naphthalenedione

U236

72-57-1

2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'- dimethyl[1,1'-biphenyl]-4,4'-diyl)bis(azo)bis[5-amino-4-hydroxy]-, tetrasodium salt

U279

63-25-2

1-Naphthalenol, methylcarbamate.

U166

130-15-4

1,4-Naphthoquinone

U167

134-32-7

alpha-Naphthylamine

U168

91-59-8

beta-Naphthylamine

U217

10102-45-1

Nitric acid, thallium(1+) salt

U169

98-95-3

Nitrobenzene (I,T)

U170

100-02-7

p-Nitrophenol

U171

79-46-9

2-Nitropropane (I,T)

U172

924-16-3

N-Nitrosodi-n-butylamine

U173

1116-54-7

N-Nitrosodiethanolamine

U174

55-18-5

N-Nitrosodiethylamine

U176

759-73-9

N-Nitroso-N-ethylurea

U177

684-93-5

N-Nitroso-N-methylurea

U178

615-53-2

N-Nitroso-N-methylurethane

U179

100-75-4

N-Nitrosopiperidine

U180

930-55-2

N-Nitrosopyrrolidine

U181

99-55-8

5-Nitro-o-toluidine

U193

1120-71-4

1,2-Oxathiolane, 2,2-dioxide

U058

50-18-0

2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide

U115

75-21-8

Oxirane (I,T)

U126

765-34-4

Oxiranecarboxyaldehyde

U041

106-89-8

Oxirane, (chloromethyl)-

U182

123-63-7

Paraldehyde

U183

608-93-5

Pentachlorobenzene

U184

76-01-7

Pentachloroethane

U185

82-68-8

Pentachloronitrobenzene (PCNB)

See F027

87-86-5

Pentachlorophenol

U161

108-10-1

Pentanol, 4-methyl-

U186

504-60-9

1,3-Pentadiene (I)

U187

62-44-2

Phenacetin

U188

108-95-2

Phenol

U048

95-57-8

Phenol, 2-chloro-

U039

59-50-7

Phenol, 4-chloro-3-methyl-

U236

72-57-1

2,7-Naphthalenedisulfonic acid, 3,3'-[(3,3'- dimethyl[1,1'-biphenyl]-4,4'-diyl)bis(azo)bis[5-amino-4-hydroxy]-, tetrasodium salt

U279

63-25-2

1-Naphthalenol, methylcarbamate.

U166

130-15-4

1,4-Naphthoquinone

U167

134-32-7

alpha-Naphthylamine

U168

91-59-8

beta-Naphthylamine

U217

10102-45-1

Nitric acid, thallium(1+) salt

U169

98-95-3

Nitrobenzene (I,T)

U170

100-02-7

p-Nitrophenol

U171

79-46-9

2-Nitropropane (I,T)

U172

924-16-3

N-Nitrosodi-n-butylamine

U173

1116-54-7

N-Nitrosodiethanolamine

U174

55-18-5

N-Nitrosodiethylamine

U176

759-73-9

N-Nitroso-N-ethylurea

U177

684-93-5

N-Nitroso-N-methylurea

U178

615-53-2

N-Nitroso-N-methylurethane

U179

100-75-4

N-Nitrosopiperidine

U180

930-55-2

N-Nitrosopyrrolidine

U181

99-55-8

5-Nitro-o-toluidine

U193

1120-71-4

1,2-Oxathiolane, 2,2-dioxide

U058

50-18-0

2H-1,3,2-Oxazaphosphorin-2-amine, N,N-bis(2-chloroethyl)tetrahydro-, 2-oxide

U115

75-21-8

Oxirane (I,T)

U126

765-34-4

Oxiranecarboxyaldehyde

U041

106-89-8

Oxirane, (chloromethyl)-

U182

123-63-7

Paraldehyde

U183

608-93-5

Pentachlorobenzene

U184

76-01-7

Pentachloroethane

U185

82-68-8

Pentachloronitrobenzene (PCNB)

See F027

87-86-5

Pentachlorophenol

U161

108-10-1

Pentanol, 4-methyl-

U186

504-60-9

1,3-Pentadiene (I)

U187

62-44-2

Phenacetin

U188

108-95-2

Phenol

U048

95-57-8

Phenol, 2-chloro-

U039

59-50-7

Phenol, 4-chloro-3-methyl-

U081

120-83-2

Phenol, 2,4-dichloro-

U082

87-65-0

Phenol, 2,6-dichloro-

U089

56-53-1

Phenol, 4,4'-(1,2-diethyl-1,2-ethenediyl)bis-, (E)-

U101

105-67-9

Phenol, 2,4-dimethyl-

U052

1319-77-3

Phenol, methyl-

U132

70-30-4

Phenol, 2,2'-methylenebis[3,4,6-trichloro-

U411

114-26-1

Phenol, 2-(1-methylethoxy)-, methylcarbamate.

U170

100-02-7

Phenol, 4-nitro-

See F027

87-86-5

Phenol, pentachloro-

See F027

58-90-2

Phenol, 2,3,4,6-tetrachloro-

See F027

95-95-4

Phenol, 2,4,5-trichloro-

See F027

88-06-2

Phenol, 2,4,6-trichloro-

U150

148-82-3

L-Phenylalanine, 4-[bis(2-chloroethyl)amino]-

U145

7446-27-7

Phosphoric acid, lead(2+) salt (2:3)

U087

3288-58-2

Phosphorodithioic acid, O,O-diethyl S-methyl ester

U189

1314-80-3

Phosphorus sulfide (R)

U190

85-44-9

Phthalic anhydride

U191

109-06-8

2-Picoline

U179

100-75-4

Piperidine, 1-nitroso-

U192

23950-58-5

Pronamide

U194

107-10-8

1-Propanamine (I,T)

U111

621-64-7

1-Propanamine, N-nitroso-N-propyl-

U110

142-84-7

1-Propanamine, N-propyl- (I)

U066

96-12-8

Propane, 1,2-dibromo-3-chloro-

U083

78-87-5

Propane, 1,2-dichloro-

U149

109-77-3

Propanedinitrile

U171

79-46-9

Propane, 2-nitro- (I,T)

U027

108-60-1

Propane, 2,2'-oxybis[2-chloro-

U193

1120-71-4

1,3-Propane sultone

See F027

93-72-1

Propanoic acid, 2-(2,4,5-trichlorophenoxy)-

U235

126-72-7

1-Propanol, 2,3-dibromo-, phosphate (3:1)

U140

78-83-1

1-Propanol, 2-methyl- (I,T)

U002

67-64-1

2-Propanone (I)

U007

79-06-1

2-Propenamide

U084

542-75-6

1-Propene, 1,3-dichloro-

U243

1888-71-7

1-Propene, 1,1,2,3,3,3-hexachloro-

U009

107-13-1

2-Propenenitrile

U152

126-98-7

2-Propenenitrile, 2-methyl- (I,T)

U008

79-10-7

2-Propenoic acid (I)

U113

140-88-5

2-Propenoic acid, ethyl ester (I)

U118

97-63-2

2-Propenoic acid, 2-methyl-, ethyl ester

U162

80-62-6

2-Propenoic acid, 2-methyl-, methyl ester (I,T)

U373

122-42-9

Propham.

U411

114-26-1

Propoxur.

U194

107-10-8

n-Propylamine (I,T)

U083

78-87-5

Propylene dichloride

U387

52888-80-9

Prosulfocarb.

U148

123-33-1

3,6-Pyridazinedione, 1,2-dihydro-

U196

110-86-1

Pyridine

U191

109-06-8

Pyridine, 2-methyl-

U237

66-75-1

2,4-(1H,3H)-Pyrimidinedione, 5-[bis(2- chloroethyl)amino]-

U164

56-04-2

4(1H)-Pyrimidinone, 2,3-dihydro-6-methyl-2-thioxo-

U180

930-55-2

Pyrrolidine, 1-nitroso-

U200

50-55-5

Reserpine

U201

108-46-3

Resorcinol

U203

94-59-7

Safrole

U204

7783-00-8

Selenious acid

U204

7783-00-8

Selenium dioxide

U205

7488-56-4

Selenium sulfide

U205

7488-56-4

Selenium sulfide SeS2 (R,T)

U015

115-02-6

L-Serine, diazoacetate (ester)

See F027

93-72-1

Silvex (2,4,5-TP)

U206

18883-66-4

Streptozotocin

U103

77-78-1

Sulfuric acid, dimethyl ester

U189

1314-80-3

Sulfur phosphide (R)

See F027

93-76-5

2,4,5-T

U207

95-94-3

1,2,4,5-Tetrachlorobenzene

U208

630-20-6

1,1,1,2-Tetrachloroethane

U209

79-34-5

1,1,2,2-Tetrachloroethane

U210

127-18-4

Tetrachloroethylene

See F027

58-90-2

2,3,4,6-Tetrachlorophenol

U213

109-99-9

Tetrahydrofuran (I)

U214

563-68-8

Thallium(I) acetate

U215

6533-73-9

Thallium(I) carbonate

U216

7791-12-0

Thallium(I) chloride

U216

7791-12-0

Thallium chloride TlCl

U217

10102-45-1

Thallium(I) nitrate

U218

62-55-5

Thioacetamide

U410

59669-26-0

Thiodicarb.

U153

74-93-1

Thiomethanol (I,T)

U244

137-26-8

Thioperoxydicarbonic diamide [(H2N)C(S)]2S2, tetramethyl-

U409

23564-05-8

Thiophanate-methyl.

U219

62-56-6

Thiourea

U244

137-26-8

Thiram

U220

108-88-3

Toluene

U221

25376-45-8

Toluenediamine

U223

26471-62-5

Toluene diisocyanate (R,T)

U328

95-53-4

o-Toluidine

U353

106-49-0

p-Toluidine

U222

636-21-5

o-Toluidine hydrochloride

U389

2303-17-5

Triallate.

U011

61-82-5

1H-1,2,4-Triazol-3-amine

U226

71-55-6

1,1,1-Trichloroethane

U227

79-00-5

1,1,2-Trichloroethane

U228

79-01-6

Trichloroethylene

U121

75-69-4

Trichloromonofluoromethane

See F027

95-95-4

2,4,5-Trichlorophenol

See F027

88-06-2

2,4,6-Trichlorophenol

U404

121-44-8

Triethylamine.

U234

99-35-4

1,3,5-Trinitrobenzene (R,T)

U182

123-63-7

1,3,5-Trioxane, 2,4,6-trimethyl-

U235

126-72-7

Tris(2,3-dibromopropyl) phosphate

U236

72-57-1

Trypan blue

U237

66-75-1

Uracil mustard

U176

759-73-9

Urea, N-ethyl-N-nitroso-

U177

684-93-5

Urea, N-methyl-N-nitroso-

U043

75-01-4

Vinyl chloride

U248

181-81-2

Warfarin, & salts, when present at concentrations of 0.3% or less

U239

1330-20-7

Xylene (I)

U200

50-55-5

Yohimban-16-carboxylic acid, 11,17-dimethoxy-18-[(3,4,5-trimethoxybenzoyl)oxy]-, methyl ester, (3beta,16beta,17alpha,18beta,20alpha)-

U249

1314-84-7

Zinc phosphide Zn3P2, when present at concentrations of 10% or less

FOOTNOTE: 1 CAS Number given for parent compound only.

(e) (RESERVED) [ 40 CFR 261.34 ]
(f) Deletion of Certain Hazardous Waste Codes Following Equipment Cleaning and Replacement [ 40 CFR 261.35 ]
1. Wastes from wood preserving processes at plants that do not resume or initiate use of chlorophenolic preservatives will not meet the listing definition of F032 once the generator has met all of the requirements of parts 2 and 3 of this subparagraph. These wastes may, however, continue to meet another hazardous waste listing description or may exhibit one or more of the hazardous waste characteristics.
2. Generators must either clean or replace all process equipment that may have come into contact with chlorophenolic formulations or constituents thereof, including, but not limited to, treatment cylinders, sumps, tanks, piping systems, drip pads, fork lifts, and trams, in a manner that minimizes or eliminates the escape of hazardous waste or constituents, leachate, contaminated drippage, or hazardous waste decomposition products to the ground water, surface water, or atmosphere.
(i) Generators shall do one of the following:
(I) Prepare and follow an equipment cleaning plan and clean equipment in accordance with this part;
(II) Prepare and follow an equipment replacement plan and replace equipment in accordance with this part; or
(III) Document cleaning and replacement in accordance with this part, carried out after termination of use of chlorophenolic preservations.
(ii) Cleaning Requirements:
(I) Prepare and sign a written equipment cleaning plan that describes:
I. The equipment to be cleaned;
II. How the equipment will be cleaned;
III. The solvent to be used in cleaning;
IV. How solvent rinses will be tested; and
V. How cleaning residues will be disposed.
(II) Equipment must be cleaned as follows:
I. Remove all visible residues from process equipment;
II. Rinse process equipment with an appropriate solvent until dioxins and dibenzofurans are not detected in the final solvent rinse.
(III) Analytical requirements:
I. Rinses must be tested by using an appropriate method;
II. "Not detected" means at or below the following lower method calibration limits (MCLs): The 2, 3, 7, 8-TCDD-based MCL- 0.01 parts per trillion (ppt), sample weight of 1000 g, IS spiking level of 1 ppt, final extraction volume of 10-50 °L. For other congeners-multiply the values by 1 for TCDF/PeCDD/PeCDF, by 2.5 for HxCDD/HxCDF/HpCDD/HpCDF, and by 5 for OCDD/OCDF.
(IV) The generator must manage all residues from the cleaning process as F032 waste.
(iii) Replacement requirements:
(I) Prepare and sign a written equipment replacement plan that describes:
I. The equipment to be replaced;
II. How the equipment will be replaced; and
III. How the equipment will be disposed.
(II) The generator must manage the discarded equipment as F032 waste.
(iv) Documentation requirements:
(I) Document that previous equipment cleaning and/or replacement was performed in accordance with this part and occurred after cessation of use of chlorophenolic preservatives.
3. The generator must maintain the following records documenting the cleaning and replacement as part of the facility's operating record:
(i) The name and address of the facility;
(ii) Formulations previously used and the date on which their use ceased in each process at the plant;
(iii) Formulations currently used in each process at the plant;
(iv) The equipment cleaning or replacement plan;
(v) The name and address of any persons who conducted the cleaning and replacement;
(vi) The dates on which cleaning and replacement were accomplished;
(vii) The dates of sampling and testing;
(viii) A description of the sample handling and preparation techniques, including techniques used for extraction, containerization, preservation, and chain-of-custody of the samples;
(ix) A description of the tests performed, the date the tests were performed, and the results of the tests;
(x) The name and model numbers of the instrument(s) used in performing the tests;
(xi) QA/QC documentation; and
(xii) The following statement signed by the generator or his authorized representative:

"I certify under penalty of law that all process equipment required to be cleaned or replaced under Rule 0400-12-01-.02(4)(f) was cleaned or replaced as represented in the equipment cleaning and replacement plan and accompanying documentation. I am aware that there are significant penalties for providing false information, including the possibility of fine or imprisonment."

(g) (RESERVED) [ 40 CFR 261.36 ]
(h) (RESERVED) [ 40 CFR 261.37 ]
(5) Exclusion/Exemptions [ 40 CFR 261 Subpart E]
(a) Reserved. [ 40 CFR 261.38 ]
(b) Conditional Exclusion for Used, Broken Cathode Ray Tubes (CRTs) and Processed CRT Glass Undergoing Recycling [ 40 CFR 261.39 ] Used, broken CRTs are not solid wastes if they meet the following conditions:
1. Prior to processing:

These materials are not solid wastes if they are destined for recycling and if they meet the following requirements:

(i) Storage

The broken CRTs must be either:

(I) Stored in a building with a roof, floor, and walls, or
(II) Placed in a container (i.e., a package or a vehicle) that is constructed, filled, and closed to minimize releases to the environment of CRT glass (including fine solid materials).
(ii) Labeling Each container in which the used, broken CRT is contained must be labeled or marked clearly with one of the following phrases: "Used cathode ray tube(s)-contains leaded glass" or "Leaded glass from televisions or computers." It must also be labeled: "Do not mix with other glass materials."
(iii) Transportation The used, broken CRTs must be transported in a container meeting the requirements (i)(II) and subpart (ii) of this part.
(iv) Speculative accumulation and use constituting disposal The used, broken CRTs are subject to the limitations on speculative accumulation as defined in subpart (1)(a)3(viii) of this rule. If they are used in a manner constituting disposal, they must comply with the applicable requirements of Rule 0400-12-01-.09(3) instead of the requirements of this subparagraph.
(v) Exports [Note: The implementation of this subpart (Rule 0400-12-01-.02(5)(b) 1(v) Exports) remains the responsibility of EPA.] In addition to the applicable conditions specified in subparts (i) through (iv) of this part, exporters of used, broken CRTs must comply with the following requirements:
(I) Notify EPA of an intended export before the CRTs are scheduled to leave the United States. A complete notification should be submitted sixty (60) days before the initial shipment is intended to be shipped off-site. This notification may cover export activities extending over a twelve (12) month or lesser period. The notification must be in writing, signed by the exporter, and include the following information:
I. Name, mailing address, telephone number and EPA ID number (if applicable) of the exporter of the CRTs.
II. The estimated frequency or rate at which the CRTs are to be exported and the period of time over which they are to be exported.
III. The estimated total quantity of CRTs specified in kilograms.
IV. All points of entry to and departure from each foreign country through which the CRTs will pass.
V. A description of the means by which each shipment of the CRTs will be transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.)).
VI. The name and address of the recycler or recyclers and the estimated quality of used CRTs to be sent to each facility, as well as the names of any alternate recycler.
VII. A description of the manner in which the CRTs will be recycled in the foreign country that will be receiving the CRTs.
VIII. The name of any transit country through which the CRTs will be sent and a description of the approximate length of time the CRTs will remain in such country and the nature of their handling while there.
(II) Notifications must be submitted electronically using EPA's Waste Import Export Tracking System (WIETS), or its successor system.
(III) Upon request by EPA, the exporter shall furnish to EPA any additional information which a receiving country requests in order to respond to a notification.
(IV) EPA will provide a complete notification to the receiving country and any transit countries. A notification is complete when EPA receives a notification which EPA determines satisfies the requirements of item (I) of this subpart.
(V) The export of CRTs is prohibited unless all of the following occur:
I. The receiving country consents to the intended export. When the receiving country consents in writing to the receipt of the CRTs, EPA will forward an Acknowledgment of Consent to Export CRTs to the exporter. Where the receiving country objects to receipt of the CRTs or withdraws a prior consent, EPA will notify the exporter in writing. EPA will also notify the exporter of any responses from transit countries.
II. On or after the AES filing compliance date, the exporter or a U.S. authorized agent must:
A. Submit Electronic Export Information (EEI) for each shipment to the Automated Export System (AES) or its successor system, under the International Trade Data System (ITDS) platform, in accordance with 15 CFR 30.4(b).
B. Include the following items in the EEI, along with the other information required under 15 CFR 30.6:
(A) EPA license code;
(B) Commodity classification code per 15 CFR 30.6(a)(12);
(C) EPA consent number;
(D) Country of ultimate destination per 15 CFR 30.6(a)(5);
(E) Date of export per 15 CFR 30.6(a)(2);
(F) Quantity of waste in shipment and units for reported quantity, if required reporting units established by value for the reported commodity classification number are in units of weight or volume per 15 CFR 30.6(a)(15); or
(G) EPA net quantity reported in units of kilograms, if required reporting units established by value for the reported commodity classification number are not in units of weight or volume.
(VI) When the conditions specified on the original notification change, the exporter must provide EPA with a written renotification of the change using the allowable methods listed in item (II) of this subpart, except for changes to the telephone number in subitem (I)I of this subpart and decreases in the quantity indicated pursuant to subitem (I)III of this subpart. The shipment cannot take place until consent of the receiving country to the changes has been obtained (except for changes to information about points of entry and departure and transit countries pursuant to subitems (I)IV and VIII of this subpart) and the exporter of CRTs receives from EPA a copy of the Acknowledgment of Consent to Export CRTs reflecting the receiving country's consent to the changes.
(VII) A copy of the Acknowledgment of Consent to Export CRTs must accompany the shipment of CRTs. The shipment must conform to the terms of the Acknowledgment.
(VIII) If a shipment of CRTs cannot be delivered for any reason to the recycler or the alternate recycler, the exporter of CRTs must renotify EPA of a change in the conditions of the original notification to allow shipment to a new recycler in accordance with item (VI) of this subpart and obtain another Acknowledgment of Consent to Export CRTs.
(IX) Exporters must keep copies of notifications and Acknowledgments of Consent to Export CRTs for a period of three years following receipt of the Acknowledgment. Exporters may satisfy this recordkeeping requirement by retaining electronically submitted notifications or electronically generated Acknowledgements in the CRT exporter's account on EPA's Waste Import Export Tracking System (WIETS), or its successor system, provided that such copies are readily available for viewing and production if requested by any EPA or authorized state inspector. No CRT exporter may be held liable for the inability to produce a notification or Acknowledgement for inspection under this section if the CRT exporter can demonstrate that the inability to produce such copies is due exclusively to technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or its successor system for which the CRT exporter bears no responsibility.
(X) CRT exporters must file with EPA no later than March 1 of each year, an annual report summarizing the quantities (in kilograms), frequency of shipment, and ultimate destination(s) (i.e., the facility or facilities where the recycling occurs) of all used CRTs exported during the previous calendar year. Such reports must also include the following:
I. The name, EPA ID number (if applicable), and mailing and site address of the exporter;
II. The calendar year covered by the report; and
III. A certification signed by the CRT exporter that states:

"I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents and that, based on my inquiry of those individuals immediately responsible for obtaining this information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

(XI) Prior to one year after the AES filing compliance date, annual reports must be sent to the following mailing address: Office of Land and Emergency Management, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, International Branch (Mail Code 2255A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460. Hand-delivered annual reports on used CRTs exported during 2016 should be sent to: Office of Land and Emergency Management, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, International Branch (Mail Code 2255A), Environmental Protection Agency, William Jefferson Clinton South Building, Room 6144, 1200 Pennsylvania Ave. NW., Washington, DC 20004. Subsequently, annual reports must be submitted to the office listed using the allowable methods specified in item (II) of this subpart. Exporters must keep copies of each annual report for a period of at least three years from the due date of the report. Exporters may satisfy this recordkeeping requirement by retaining electronically submitted annual reports in the CRT exporter's account on EPA's Waste Import Export Tracking System (WIETS), or its successor system, provided that a copy is readily available for viewing and production if requested by any EPA or authorized state inspector. No CRT exporter may be held liable for the inability to produce an annual report for inspection under this subpart if the CRT exporter can demonstrate that the inability to produce the annual report is due exclusively to technical difficulty with EPA's Waste Import Export Tracking System (WIETS), or its successor system for which the CRT exporter bears no responsibility.
2. Requirements for used CRT processing Used, broken CRTs undergoing CRT processing as defined in subparagraph (2)(a) of Rule 0400-12-01-.01 are not solid wastes if they meet the following requirements:
(i) Storage Used, broken CRTs undergoing processing are subject to the requirement of subpart 1(iv) of this subparagraph.
(ii) Processing
(I) All activities specified in parts 2 and 3 of the definition of "CRT processing" in subparagraph (2)(a) of Rule 0400-12-01-.01 must be performed within a building with a roof, floor, and walls; and
(II) No activities may be performed that use temperatures high enough to volatilize lead from CRTs.
3. Processed CRT glass sent to CRT glass making or lead smelting Glass from used CRTs that is destined for recycling at a CRT glass manufacturer or a lead smelter after processing is not a solid waste unless it is speculatively accumulated as defined in subpart (1)(a)3(viii) of this rule.
4. Use constituting disposal

Glass from used CRTs that is used in a manner constituting disposal must comply with the requirements of paragraph (3) of Rule 0400-12-01-.09 instead of the requirements of this subparagraph.

(c) Conditional Exclusion for Used, Intact Cathode Ray Tubes (CRTs) Exported for Recycling [ 40 CFR 261.40 ]

[Note: The implementation of this subparagraph remains the responsibility of EPA.] Used, intact CRTs exported for recycling are not solid wastes if they meet the notice and consent conditions of subpart (b)1(v) of this paragraph, and if they are not speculatively accumulated as defined in subpart (1)(a)3(viii) of this rule.

(d) Notification and Recordkeeping for Used, Intact Cathode Ray Tubes (CRTs) Exported for Reuse [ 40 CFR 261.41 ]

[Note: The implementation of this subparagraph remains the responsibility of EPA.]

1. CRT exporters who export used, intact CRTs for reuse must send a notification to EPA. This notification may cover export activities extending over a twelve (12) month or lesser period.
(i) The notification must be in writing, signed by the exporter, and include the following information:
(I) Name, mailing address, telephone number, and EPA ID number (if applicable) of the exporter of the used, intact CRTs;
(II) The estimated frequency or rate at which the used, intact CRTs are to be exported for reuse and the period of time over which they are to be exported;
(III) The estimated total quantity of used, intact CRTs specified in kilograms;
(IV) All points of entry to and departure from each transit country through which the used, intact CRTs will pass, a description of the approximate length of time the used, intact CRTs will remain in such country, and the nature of their handling while there;
(V) A description of the means by which each shipment of the used, intact CRTs will be transported (e.g., mode of transportation vehicle (air, highway, rail, water, etc.), type(s) of container (drums, boxes, tanks, etc.));
(VI) The name and address of the ultimate destination facility or facilities where the used, intact CRTs will be reused, refurbished, distributed, or sold for reuse and the estimated quantity of used, intact CRTs to be sent to each facility, as well as the name of any alternate destination facility or facilities;
(VII) A description of the manner in which the used, intact CRTs will be reused (including reuse after refurbishment) in the foreign country that will be receiving the used, intact CRTs; and
(VIII) A certification signed by the CRT exporter that states:

"I certify under penalty of law that the CRTs described in this notice are intact and fully functioning or capable of being functional after refurbishment and that the used CRTs will be reused or refurbished and reused. I certify under penalty of law that I have personally examined and am familiar with the information submitted in this and all attached documents and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment."

(ii) Notifications submitted by mail should be sent to the following mailing address: Office of Land and Emergency Management, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, International Branch (Mail Code 2255A), Environmental Protection Agency, 1200 Pennsylvania Ave. N.W., Washington, D.C. 20460. Hand-delivered notifications should be sent to: Office of Land and Emergency Management, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, International Branch (Mail Code 2255A), Environmental Protection Agency, William Jefferson Clinton South Building, Room 6144, 1200 Pennsylvania Ave. N.W., Washington, D.C. 20004. In both cases, the following shall be prominently displayed on the front of the envelope: "Attention: Notification of Intent to Export CRTs."
2. CRT exporters of used, intact CRTs sent for reuse must keep copies of normal business records, such as contracts, demonstrating that each shipment of exported used, intact CRTs will be reused. This documentation must be retained for a period of at least three years from the date the CRTs were exported. If the documents are written in a language other than English, CRT exporters of used, intact CRTs sent for reuse must provide both the original, non-English version of the normal business records as well as a third-party translation of the normal business records into English within 30 days upon request by EPA.
(6) -(7) Reserved [40 CFR Subparts F-G]
(8) Financial Requirements for Management of Excluded Hazardous Secondary Material [ 40 CFR 261 Subpart H]
(a) Applicability. [ 40 CFR 261.140 ]
1. The requirements of this paragraph apply to owners or operators of reclamation and intermediate facilities managing hazardous secondary materials excluded under subpart (1)(d)1(xxiv) of this rule, except as provided otherwise in part 2 of this subparagraph.
2. States and the federal government are exempt from the financial assurance requirements of this subpart.
(b) Definitions of terms as used in this paragraph. [ 40 CFR 261.141 ]

The terms defined in parts (8)(b)5, 7, 8 and 9 of Rule 0400-12-01-.05 have the same meaning in this paragraph as they do in subparagraph (8)(b) of Rule 0400-12-01-.05.

(c) Cost estimate. [ 40 CFR 261.142 ]
1. The owner or operator must have a detailed written estimate, in current dollars, of the cost of disposing of any hazardous secondary material as listed or characteristic hazardous waste, and the potential cost of closing the facility as a treatment, storage, and disposal facility.

(Note: To determine the potential cost of closing the facility as a treatment, storage and disposal facility, the Commissioner expects the owner or operator to develop and provide the information consistent with information required in a closure plan developed in accordance with part (7)(c)2 of Rule 0400-12-01-.05.)

(i) The estimate must equal the cost of conducting the activities described in this part at the point when the extent and manner of the facility's operation would make these activities the most expensive; and
(ii) The cost estimate must be based on the costs to the owner or operator of hiring a third party to conduct these activities. A third party is a party who is neither a parent nor a subsidiary of the owner or operator. (See definition of parent corporation in part (8)(b)5 of Rule 0400-12-01-.05.) The owner or operator may use costs for on-site disposal in accordance with applicable requirements if he can demonstrate that on-site disposal capacity will exist at all times over the life of the facility.
(iii) The cost estimate may not incorporate any salvage value that may be realized with the sale of hazardous secondary materials, or hazardous or non-hazardous wastes if applicable under part (7)(d)4 of Rule 0400-12-01-.05, facility structures or equipment, land, or other assets associated with the facility.
(iv) The owner or operator may not incorporate a zero cost for hazardous secondary materials, or hazardous or non-hazardous wastes if applicable under (7)(d)4 of Rule 0400-12-01-.05 that might have economic value.
2. During the active life of the facility, the owner or operator must adjust the cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument(s) used to comply with subparagraph (d) of this paragraph. For owners and operators using the financial test or corporate guarantee, the cost estimate must be updated for inflation within 30 days after the close of the firm's fiscal year and before submission of updated information to the Commissioner as specified in subpart (d)5(iii) of this paragraph. The adjustment may be made by recalculating the cost estimate in current dollars, or by using an inflation factor derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its Survey of Current Business, as specified in subparts (i) and (ii) of this part. The inflation factor is the result of dividing the latest published annual Deflator by the Deflator for the previous year.
(i) The first adjustment is made by multiplying the cost estimate by the inflation factor. The result is the adjusted cost estimate.
(ii) Subsequent adjustments are made by multiplying the latest adjusted cost estimate by the latest inflation factor.
3. During the active life of the facility, the owner or operator must revise the cost estimate no later than 30 days after a change in a facility's operating plan or design that would increase the costs of conducting the activities described in part 1 of this subparagraph or no later than 60 days after an unexpected event which increases the cost of conducting the activities described in part 1 of this subparagraph. The revised cost estimate must be adjusted for inflation as specified in part 2 of this subparagraph.
4. The owner or operator must keep the following at the facility during the operating life of the facility: The latest cost estimate prepared in accordance with parts 1 and 3 and, when this estimate has been adjusted in accordance with part 2 of this subparagraph, the latest adjusted cost estimate.
(d) Financial assurance condition. [ 40 CFR 261.143 ]

Per subitem (1)(d)1(xxiv)(VI)VII of this rule, an owner or operator of a reclamation or intermediate facility must have financial assurance as a condition of the exclusion as required under subpart (1)(d)1(xxiv). He must choose from the options as specified in parts 1 through 7 of this subparagraph. The Commissioner may accept alternative financial assurance mechanisms proposed by the owner or operator in writing, if the Commissioner determines that such mechanisms will provide protection to human health and the environment that is equivalent to other allowable financial assurance mechanisms.

1. Trust fund.
(i) An owner or operator may satisfy the requirements of this subparagraph by establishing a trust fund which conforms to the requirements of this part and submitting an originally signed duplicate of the trust agreement to the Commissioner. The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
(ii) The wording of the trust agreement must be identical to the wording specified in subpart (l)1(i) of this paragraph, and the trust agreement must be accompanied by a formal certification of acknowledgment (for example, see subpart (l)1(ii) of this paragraph). Schedule A of the trust agreement must be updated within 60 days after a change in the amount of the current cost estimate covered by the agreement.
(iii) The trust fund must be funded for the full amount of the current cost estimate before it may be relied upon to satisfy the requirements of this part.
(iv) Whenever the current cost estimate changes, the owner or operator must compare the new estimate with the trustee's most recent annual valuation of the trust fund. If the value of the fund is less than the amount of the new estimate, the owner or operator, within 60 days after the change in the cost estimate, must either deposit an amount into the fund so that its value after this deposit at least equals the amount of the current cost estimate, or obtain other financial assurance as specified in this subparagraph to cover the difference.
(v) If the value of the trust fund is greater than the total amount of the current cost estimate, the owner or operator may submit a written request to the Commissioner for release of the amount in excess of the current cost estimate.
(vi) If an owner or operator substitutes other financial assurance as specified in this subparagraph for all or part of the trust fund, he may submit a written request to the Commissioner for release of the amount in excess of the current cost estimate covered by the trust fund.
(vii) Within 60 days after receiving a request from the owner or operator for release of funds as specified in subpart (v) or (vi) of this part, the Commissioner will instruct the trustee to release to the owner or operator such funds as the Commissioner specifies in writing. If the owner or operator begins final closure under paragraph (7) of Rules 0400-12-01-.05 or 0400-12-01-.06, an owner or operator may request reimbursements for partial or final closure expenditures by submitting itemized bills to the Commissioner. The owner or operator may request reimbursements for partial closure only if sufficient funds are remaining in the trust fund to cover the maximum costs of closing the facility over its remaining operating life. No later than 60 days after receiving bills for partial or final closure activities, the Commissioner will instruct the trustee to make reimbursements in those amounts as the Commissioner specifies in writing, if the Commissioner determines that the partial or final closure expenditures are in accordance with the approved closure plan, or otherwise justified. If the Commissioner has reason to believe that the maximum cost of closure over the remaining life of the facility will be significantly greater than the value of the trust fund, he may withhold reimbursements of such amounts as he deems prudent until he determines, in accordance with part (8)(d)3 of Rule 0400-12-01-.05 that the owner or operator is no longer required to maintain financial assurance for final closure of the facility. If the Commissioner does not instruct the trustee to make such reimbursements, he will provide to the owner or operator a detailed written statement of reasons.
(viii) The Commissioner will agree to termination of the trust when:
(I) An owner or operator substitutes alternate financial assurance as specified in this subparagraph; or
(II) The Commissioner releases the owner or operator from the requirements of this part in accordance with part 11 of this subparagraph.
2. Surety bond guaranteeing payment.
(i) An owner or operator may satisfy the requirements of this subparagraph by obtaining a surety bond which conforms to the requirements of this part and submitting the bond to the Commissioner. The surety company issuing the bond must, at a minimum, be licensed to do business as a surety in Tennessee and must be among those listed as acceptable sureties on federal bonds in Circular 570 of the U.S. Department of the Treasury.
(ii) The wording of the surety bond must be identical to the wording specified in part (l)2 of this paragraph.
(iii) Under the terms of the bond, the surety will become liable on the bond obligation when the operator fails to perform as guaranteed by the bond. Following a determination by the Commissioner that the hazardous secondary materials do not meet the conditions of the exclusion under subpart (1)(d)1(xxiv) the surety will forfeit the amount of the penal sum to the Commissioner.
(iv) The bond must guarantee that the owner or operator will provide alternate financial assurance as specified in this part, and obtain the Commissioner's written approval of the assurance provided, within 90 days after receipt by both the owner or operator and the Commissioner of a notice of cancellation of the bond from the surety.
(v) The penal sum of the bond must be in an amount at least equal to the current cost estimate, except as provided in part 8 of this subparagraph.
(vi) Whenever the current cost estimate increases to an amount greater than the penal sum, the owner or operator, within 60 days after the increase, must either cause the penal sum to be increased to an amount at least equal to the current cost estimate and submit evidence of such increase to the Commissioner, or obtain other financial assurance as specified in this part to cover the increase. Whenever the current cost estimate decreases, the penal sum may be reduced to the amount of the current cost estimate following written approval by the Commissioner.
(vii) Under the terms of the bond, the surety may cancel the bond by sending notice of cancellation by certified mail to the owner or operator and to the Commissioner. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Commissioner, as evidenced by the return receipts.
(viii) The owner or operator may cancel the bond if the Commissioner has given prior written consent based on his receipt of evidence of alternate financial assurance as specified in this part.
3. Letter of credit.
(i) An owner or operator may satisfy the requirements of this subparagraph by obtaining an irrevocable standby letter of credit which conforms to the requirements of this part and submitting the letter to the Commissioner. The issuing institution must be an entity which has the authority to issue letters of credit and whose letter-of-credit operations are regulated and examined by a federal or state agency.
(ii) The wording of the letter of credit must be identical to the wording specified in part (l)3 of this paragraph.
(iii) The letter of credit must be accompanied by a letter from the owner or operator referring to the letter of credit by number, issuing institution, and date, and providing the following information: The EPA Identification Number (if any issued), name, and address of the facility, and the amount of funds assured for the facility by the letter of credit.
(iv) The letter of credit must be irrevocable and issued for a period of at least 1 year. The letter of credit must provide that the expiration date will be automatically extended for a period of at least 1 year unless, at least 120 days before the current expiration date, the issuing institution notifies both the owner or operator and the Commissioner by certified mail of a decision not to extend the expiration date. Under the terms of the letter of credit, the 120 days will begin on the date when both the owner or operator and the Commissioner have received the notice, as evidenced by the return receipts.
(v) The letter of credit must be issued in an amount at least equal to the current cost estimate, except as provided in part 8 of this subparagraph.
(vi) Whenever the current cost estimate increases to an amount greater than the amount of the credit, the owner or operator, within 60 days after the increase, must either cause the amount of the credit to be increased so that it at least equals the current cost estimate and submit evidence of such increase to the Commissioner, or obtain other financial assurance as specified in this subparagraph to cover the increase. Whenever the current cost estimate decreases, the amount of the credit may be reduced to the amount of the current cost estimate following written approval by the Commissioner.
(vii) Following a determination by the Commissioner that the hazardous secondary materials do not meet the conditions of the exclusion under subpart (1)(d)1(xxiv), the Commissioner may draw on the letter of credit.
(viii) If the owner or operator does not establish alternate financial assurance as specified in this part and obtain written approval of such alternate assurance from the Commissioner within 90 days after receipt by both the owner or operator and the Commissioner of a notice from the issuing institution that it has decided not to extend the letter of credit beyond the current expiration date, the Commissioner may draw on the letter of credit. The Commissioner may delay the drawing if the issuing institution grants an extension of the term of the credit. During the last 30 days of any such extension the Commissioner will draw on the letter of credit if the owner or operator has failed to provide alternate financial assurance as specified in this subparagraph and obtain written approval of such assurance from the Commissioner.
(ix) The Commissioner will return the letter of credit to the issuing institution for termination when:
(I) An owner or operator substitutes alternate financial assurance as specified in this subparagraph; or
(II) The Commissioner releases the owner or operator from the requirements of this part in accordance with part 11 of this subparagraph.
4. Insurance.
(i) An owner or operator may satisfy the requirements of this subparagraph by obtaining insurance which conforms to the requirements of this part. The owner or operator must submit a signed duplicate original of the Hazardous Secondary Material Facility Endorsement to the Commissioner. If requested by the Commissioner, the owner or operator must provide a signed duplicate original of the insurance policy. The insurer must be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in the State of Tennessee and have an A. M. Best rating of at least A or A- or have special approval from the Commissioner. An insurer that is a "captive insurance company", as that term is used in T.C.A. §§ 56-13-106 through 56-13-133, may not be utilized unless the Commissioner determines that such captive insurance company offers coverage that is equivalent in protection to other insurance companies or other allowable financial assurance mechanisms.
(ii) Each insurance policy must be amended by attachment of the Hazardous Secondary Material Facility Endorsement. The wording of the endorsement must be identical to the wording specified in part (l)4 of this paragraph.
(iii) The insurance policy must be issued for a face amount at least equal to the current cost estimate, except as provided in part 8 of this subparagraph. The term "face amount" means the total amount the insurer is obligated to pay under the policy. Actual payments by the insurer will not change the face amount, although the insurer's future liability will be lowered by the amount of the payments.
(iv) The insurance policy must guarantee that funds will be available whenever needed to pay the cost of removal of all hazardous secondary materials from the unit, to pay the cost of decontamination of the unit, to pay the costs of the performance of activities required under paragraph (7) of Rule 0400-12-01-.05 or 0400-12-01-.06, as applicable, for the facilities covered by this policy. The policy must also guarantee that once funds are needed, the insurer will be responsible for paying out funds, up to an amount equal to the face amount of the policy, upon the direction of the Commissioner, to such party or parties as the Commissioner specifies.
(v) After beginning partial or final closure under Rule 0400-12-01-.05 or 0400 12-01-.06, as applicable, an owner or operator or any other authorized person may request reimbursements for closure expenditures by submitting itemized bills to the Commissioner. The owner or operator may request reimbursements only if the remaining value of the policy is sufficient to cover the maximum costs of closing the facility over its remaining operating life. Within 60 days after receiving bills for closure activities, the Commissioner will instruct the insurer to make reimbursements in such amounts as the Commissioner specifies in writing if the Commissioner determines that the expenditures are in accordance with the approved plan or otherwise justified. If the Commissioner has reason to believe that the maximum cost over the remaining life of the facility will be significantly greater than the face amount of the policy, he may withhold reimbursement of such amounts as he deems prudent until he determines, in accordance with part 11 of this subparagraph, that the owner or operator is no longer required to maintain financial assurance for the particular facility. If the Commissioner does not instruct the insurer to make such reimbursements, he will provide to the owner or operator a detailed written statement of reasons.
(vi) The owner or operator must maintain the policy in full force and effect until the Commissioner consents to termination of the policy by the owner or operator as specified in subpart (x) of this part. Failure to pay the premium, without substitution of alternate financial assurance as specified in this part, will constitute a significant violation of these regulations warranting such remedy as the Commissioner deems necessary. Such violation will be deemed to begin upon receipt by the Commissioner of a notice of future cancellation, termination, or failure to renew due to nonpayment of the premium, rather than upon the date of expiration.
(vii) Each policy must contain a provision allowing assignment of the policy to a successor owner or operator. Such assignment may be conditional upon consent of the insurer, provided such consent is not unreasonably refused.
(viii) The policy must provide that the insurer may not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy must, at a minimum, provide the insured with the option of renewal at the face amount of the expiring policy. If there is a failure to pay the premium, the insurer may elect to cancel, terminate, or fail to renew the policy by sending notice by certified mail to the owner or operator and the Commissioner. Cancellation, termination, or failure to renew may not occur, however, during the 120 days beginning with the date of receipt of the notice by both the Commissioner and the owner or operator, as evidenced by the return receipts. Cancellation, termination, or failure to renew may not occur and the policy will remain in full force and effect in the event that on or before the date of expiration:
(I) The Commissioner deems the facility abandoned; or
(II) Conditional exclusion or interim status is lost, terminated, or revoked; or
(III) Closure is ordered by the Commissioner or a U.S. district court or other court of competent jurisdiction; or
(IV) The owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or
(V) The premium due is paid.
(ix) Whenever the current cost estimate increases to an amount greater than the face amount of the policy, the owner or operator, within 60 days after the increase, must either cause the face amount to be increased to an amount at least equal to the current cost estimate and submit evidence of such increase to the Commissioner, or obtain other financial assurance as specified in this subparagraph to cover the increase. Whenever the current cost estimate decreases, the face amount may be reduced to the amount of the current cost estimate following written approval by the Commissioner.
(x) The Commissioner will give written consent to the owner or operator that he may terminate the insurance policy when:
(I) An owner or operator substitutes alternate financial assurance as specified in this subparagraph; or
(II) The Commissioner releases the owner or operator from the requirements of this subparagraph in accordance with part 11 of this subparagraph.
5. Financial test and corporate guarantee.
(i) An owner or operator may satisfy the requirements of this subparagraph by demonstrating that he passes a financial test as specified in this part. To pass this test the owner or operator must meet the criteria of either item (I) or (II) of this subpart:
(I) The owner or operator must have:
I. Two of the following three ratios: A ratio of total liabilities to net worth less than 2.0; a ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities greater than 0.1; and a ratio of current assets to current liabilities greater than 1.5; and
II. Net working capital and tangible net worth each at least six times the sum of the current cost estimates; and
III. Tangible net worth of at least $10 million; and
IV. Assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current cost estimates.
(II) The owner or operator must have:
I. A current rating for his most recent bond issuance of AAA, AA, A, or BBB as issued by Standard and Poor's or Aaa, Aa, A, or Baa as issued by Moody's; and
II. Tangible net worth at least six times the sum of the current cost estimates; and
III. Tangible net worth of at least $10 million; and
IV. Assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current cost estimates.
(ii) The phrase "current cost estimates" as used in subpart (i) of this part refers to the cost estimates required to be shown in paragraphs 1 through 9 of the letter from the owner's or operator's chief financial officer (part (l)5 of this paragraph).
(iii) To demonstrate that he meets this test, the owner or operator must submit the following items to the Commissioner:
(I) A letter signed by the owner's or operator's chief financial officer and worded as specified in part (l)5 of this paragraph; and
(II) A copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year; and
(III) If the chief financial officer's letter providing evidence of financial assurance includes financial data showing that the owner or operator satisfies item 5(i)(I) of this subparagraph that are different from the data in the audited financial statements referred to in item (II) of this subpart or any other audited financial statement or data filed with the SEC, then a special report from the owner's or operator's independent certified public accountant to the owner or operator is required. The special report shall be based upon an agreed upon procedures engagement in accordance with professional auditing standards and shall describe the procedures performed in comparing the data in the chief financial officer's letter derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements, the findings of the comparison, and the reasons for any differences.
(iv) The owner or operator may obtain an extension of the time allowed for submission of the documents specified in subpart (iii) of this part if the fiscal year of the owner or operator ends during the 90 days prior to the effective date of these regulations and if the year-end financial statements for that fiscal year will be audited by an independent certified public accountant. The extension will end no later than 90 days after the end of the owner's or operator's fiscal year. To obtain the extension, the owner's or operator's chief financial officer must send, by the effective date of these rules, a letter to the Commissioner. This letter from the chief financial officer must:
(I) Request the extension;
(II) Certify that he has grounds to believe that the owner or operator meets the criteria of the financial test;
(III) Specify for each facility to be covered by the test the EPA Identification Number (if any issued), name, address, and current cost estimates to be covered by the test;
(IV) Specify the date ending the owner's or operator's last complete fiscal year before the effective date of these rules in this paragraph;
(V) Specify the date, no later than 90 days after the end of such fiscal year, when he will submit the documents specified in subpart (iii) of this part; and
(VI) Certify that the year-end financial statements of the owner or operator for such fiscal year will be audited by an independent certified public accountant.
(v) After the initial submission of items specified in subpart (iii) of this part, the owner or operator must send updated information to the Commissioner within 90 days after the close of each succeeding fiscal year. This information must consist of all three items specified in subpart (iii) of this part.
(vi) If the owner or operator no longer meets the requirements of subpart (i) of this part, he must send notice to the Commissioner of intent to establish alternate financial assurance as specified in this subparagraph. The notice must be sent by certified mail within 90 days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the requirements. The owner or operator must provide the alternate financial assurance within 120 days after the end of such fiscal year.
(vii) The Commissioner may, based on a reasonable belief that the owner or operator may no longer meet the requirements of subpart (i) of this part, require reports of financial condition at any time from the owner or operator in addition to those specified in subpart (iii) of this part. If the Commissioner finds, on the basis of such reports or other information, that the owner or operator no longer meets the requirements of subpart (i) of this part, the owner or operator must provide alternate financial assurance as specified in this subparagraph within 30 days after notification of such a finding.
(viii) The Commissioner may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his report on examination of the owner's or operator's financial statements (see item (iii)(II) of this part). An adverse opinion or a disclaimer of opinion will be cause for disallowance. The Commissioner will evaluate other qualifications on an individual basis. The owner or operator must provide alternate financial assurance as specified in this subparagraph within 30 days after notification of the disallowance.
(ix) The owner or operator is no longer required to submit the items specified in subpart (iii) of this part when:
(I) An owner or operator substitutes alternate financial assurance as specified in this subparagraph; or
(II) The Commissioner releases the owner or operator from the requirements of this part in accordance with part 11 of this subparagraph.
(x) An owner or operator may meet the requirements of this part by obtaining a written guarantee. The guarantor must be the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator. The guarantor must meet the requirements for owners or operators in subparts (i) through (viii) of this part and must comply with the terms of the guarantee. The wording of the guarantee must be identical to the wording specified in subpart (l)7(i) of this paragraph. A certified copy of the guarantee must accompany the items sent to the Commissioner as specified in subpart (iii) of this part. One of these items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, the letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter must describe this "substantial business relationship" and the value received in consideration of the guarantee. The terms of the guarantee must provide that:
(I) Following a determination by the Commissioner that the hazardous secondary materials at the owner or operator's facility covered by this guarantee do not meet the conditions of the exclusion under subpart (1)(d)1(xxiv) of this rule, the guarantor will dispose of any hazardous secondary material as hazardous waste and close the facility in accordance with closure requirements found in Rule 0 40012-01-.05 or 0400-12-01-.06, as applicable, or establish a trust fund as specified in part 1 of this subparagraph in the name of the owner or operator in the amount of the current cost estimate.
(II) The corporate guarantee will remain in force unless the guarantor sends notice of cancellation by certified mail to the owner or operator and to the Commissioner. Cancellation may not occur, however, during the 120 days beginning on the date of receipt of the notice of cancellation by both the owner or operator and the Commissioner, as evidenced by the return receipts.
(III) If the owner or operator fails to provide alternate financial assurance as specified in this subparagraph and obtain the written approval of such alternate assurance from the Commissioner within 90 days after receipt by both the owner or operator and the Commissioner of a notice of cancellation of the corporate guarantee from the guarantor, the guarantor will provide such alternate financial assurance in the name of the owner or operator.
6. Personal Bond Supported by Certificate of Deposit
(i) An owner or operator may satisfy the requirements of this subparagraph by filing his or her personal performance guarantee accompanied by collateral in the form of a certificate of deposit.
(ii) The wording of the personal bond must be identical to the wording specified in subparagraph (l) of this paragraph.
(iii) The certificate of deposit must be in an amount at least equal to the current cost estimate, except as provided in part 8 of this subparagraph.
(iv) The certificate of deposit shall meet the following requirements:
(I) The certificate of deposit shall be registered as follows, except that the phrase "Corporation XYZ" should be replaced by the name of the owner/operator: "Corporation XYZ and Tennessee Department of Environment and Conservation or Tennessee Department of Environment and Conservation".
(II) The institution holding the funds shall be a commercial financial institution regulated by a federal agency or regulated by the Tennessee Department of Financial Institutions.
(III) The certificate of deposit shall be automatically annually renewed with the earned interest released to the principal as accrued.
(IV) The original certificate of deposit or safekeeping receipt of the deposit shall be submitted to and held by the Division of Financial Responsibility of the Tennessee Department of Environment and Conservation.
(V) Accompanying the certificate of deposit or safekeeping receipt shall be a letter from an officer of the issuing financial institution on the institution's letterhead that contains the certificate of deposit number, the name of the owner/operator, the date the certificate of deposit was issued, and the following statement:

"Notwithstanding any contrary term or condition of the above described Certificate of Deposit, [INSERT NAME OF FINANCIAL INSTITUTION] (the "Financial Institution") hereby covenants, warrants and represents that said Certificate of Deposit shall not be subject to any right, charge, security interest, lien or claim of any kind in favor of the Financial Institution. The Financial Institution further agrees that it shall not release the Certificate of Deposit or the proceeds thereof to anyone other than to the Tennessee Department of Environment and Conservation (the "Department") without the written consent of the Department."

7. Personal Bond Supported by Cash
(i) An owner or operator may satisfy the requirements of this subparagraph by filing his or her personal performance guarantee accompanied by collateral in the form of cash deposited with the treasurer of the state of Tennessee.
(ii) The cash deposit must be in an amount at least equal to the current cost estimate, except as provided in part 8 of this subparagraph.
(iii) The wording of the personal bond must be identical to the wording specified in subparagraph (l) of this paragraph.
8. Use of multiple financial mechanisms. An owner or operator may satisfy the requirements of this subparagraph by establishing more than one financial mechanism per facility. These mechanisms are limited to trust funds, surety bonds, letters of credit, insurance, and personal bonds. The mechanisms must be as specified in parts 1 through 4, 6 or 7 of this subparagraph, respectively, except that it is the combination of mechanisms, rather than the single mechanism, which must provide financial assurance for an amount at least equal to the current cost estimate. The Commissioner may use any or all of the mechanisms to provide for the facility.
9. Use of a financial mechanism for multiple facilities. An owner or operator may use a financial assurance mechanism specified in this subparagraph to meet the requirements of this subparagraph for more than one facility. Evidence of financial assurance submitted to the Commissioner must include a list showing, for each facility, the EPA Identification Number (if any issued), name, address, and the amount of funds assured by the mechanism. The amount of funds available through the mechanism must be no less than the sum of funds that would be available if a separate mechanism had been established and maintained for each facility. In directing funds available through the mechanism for any of the facilities covered by the mechanism, the Commissioner may direct only the amount of funds designated for that facility, unless the owner or operator agrees to the use of additional funds available under the mechanism.
10. Removal and Decontamination Plan for Release
(i) An owner or operator of a reclamation facility or an intermediate facility who wishes to be released from his financial assurance obligations under subitem (1)(d)1(xxiv)(VI)VII of this rule must submit a plan for removing all hazardous secondary material residues to the Commissioner at least 180 days prior to the date on which he expects to cease to operate under the exclusion.
(ii) The plan must include, at least:
(I) For each hazardous secondary materials storage unit subject to financial assurance requirements under subitem (1)(d)1(xxiv)(VI)VII of this rule, a description of how all excluded hazardous secondary materials will be recycled or sent for recycling, and how all residues, contaminated containment systems (liners, etc.), contaminated soils, subsoils, structures, and equipment will be removed or decontaminated as necessary to protect human health and the environment, and
(II) A detailed description of the steps necessary to remove or decontaminate all hazardous secondary material residues and contaminated containment system components, equipment, structures, and soils including, but not limited to, procedures for cleaning equipment and removing contaminated soils, methods for sampling and testing surrounding soils, and criteria for determining the extent of decontamination necessary to protect human health and the environment; and
(III) A detailed description of any other activities necessary to protect human health and the environment during this timeframe, including, but not limited to, leachate collection, run-on and run-off control, etc.; and
(IV) A schedule for conducting the activities described which, at a minimum, includes the total time required to remove all excluded hazardous secondary materials for recycling and decontaminate all units subject to financial assurance under subitem (1)(d)1(xxiv)(VI)VII of this rule and the time required for intervening activities which will allow tracking of the progress of decontamination.
(iii) The Commissioner will provide the owner or operator and the public, through a newspaper notice, the opportunity to submit written comments on the plan and request modifications to the plan no later than 30 days from the date of the notice. He will also, in response to a request or at his discretion, hold a public hearing whenever such a hearing might clarify one or more issues concerning the plan. The Commissioner will give public notice of the hearing at least 30 days before it occurs. (Public notice of the hearing may be given at the same time as notice of the opportunity for the public to submit written comments, and the two notices may be combined.) The Commissioner will approve, modify, or disapprove the plan within 90 days of its receipt. If the Commissioner does not approve the plan, he shall provide the owner or operator with a detailed written statement of reasons for the refusal and the owner or operator must modify the plan or submit a new plan for approval within 30 days after receiving such written statement. The Commissioner will approve or modify this plan in writing within 60 days. If the Commissioner modifies the plan, this modified plan becomes the approved plan. The Commissioner must assure that the approved plan is consistent with this part. A copy of the modified plan with a detailed statement of reasons for the modifications must be mailed to the owner or operator.
(iv) Within 60 days of completion of the activities described for each hazardous secondary materials management unit, the owner or operator must submit to the Commissioner, by registered mail, a certification that all hazardous secondary materials have been removed from the unit and the unit has been decontaminated in accordance with the specifications in the approved plan. The certification must be signed by the owner or operator and by a qualified Professional Engineer. Documentation supporting the Professional Engineer's certification must be furnished to the Commissioner, upon request, until he releases the owner or operator from the financial assurance requirements for subitem (1)(d)1(xxiv)(VI)VII of this rule.
11. Release of the owner or operator from the requirements of this subparagraph. Within 60 days after receiving certifications from the owner or operator and a qualified Professional Engineer that all hazardous secondary materials have been removed from the facility or a unit at the facility and the facility or a unit has been decontaminated in accordance with the approved plan per part 10 of this subparagraph, the Commissioner will notify the owner or operator in writing that he is no longer required under subitem (1)(d)1(xxiv)(VI)VII of this rule to maintain financial assurance for that facility or a unit at the facility, unless the Commissioner has reason to believe that all hazardous secondary materials have not been removed from the facility or unit at a facility or that the facility or unit has not been decontaminated in accordance with the approved plan. The Commissioner shall provide the owner or operator a detailed written statement of any such reason to believe that all hazardous secondary materials have not been removed from the unit or that the unit has not been decontaminated in accordance with the approved plan.
12. In meeting the requirements of this paragraph, an owner or operator may substitute alternate financial assurance meeting the requirements of this paragraph for the financial assurance already filed with the Commissioner for the facility. However, the existing financial assurance shall not be released by the Commissioner until the substitute financial assurance has been received and approved by him or her.
13. When a transfer of ownership or operational control occurs, the previous owner or operator of the facility shall comply with the financial security requirements of this paragraph until the new owner or operator has demonstrated that he or she is complying with the requirements of this paragraph. Upon demonstration to the Commissioner by the new owner or operator of compliance with this paragraph, the Commissioner shall notify the previous owner or operator that he or she no longer needs to comply with this rule as of the date of demonstration.
14. Procedures for Forfeiture of Financial Assurance
(i) Upon receipt of a notice of cancelation or non-renewal of a financial instrument from the issuing institution, the owner or operator will have 90 days from the Commissioner's and the owner's or operator's receipt of such notice to provide alternate financial assurance. If the owner or operator has failed to provide alternate financial assurance and obtain written approval of such financial assurance from the Commissioner during the 90 days following receipt of such notice by the Commissioner, the financial institution will forfeit the amount of such financial assurance to the Department as directed by the Commissioner; or
(ii) Upon his or her determination that the hazardous secondary materials at the facility covered by financial assurance do not meet the conditions of the exclusion under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02, the Division Director shall cause a notice of non-compliance to be served upon the owner or operator. Such notice shall be hand delivered or forwarded by certified mail. The notice of non-compliance shall specify in what respects the owner or operator has failed to perform as required, and shall establish a schedule of compliance leading to compliance as soon as possible.
(iii) If the Division Director determines that the owner or operator has failed to perform as specified in the notice of non-compliance, or as specified in any subsequent compliance agreement which may have been reached by the owner or operator and the Division Director, the Division Director shall cause a notice of show cause meeting to be served upon the owner or operator. Such notice shall be signed by the Division Director and either hand-delivered or forwarded by certified mail to the owner or operator. The notice of show cause meeting shall establish the date, time, and location of a meeting scheduled to provide the owner or operator with the opportunity to show cause why the Division Director should not pursue forfeiture of the financial assurance filed to guarantee such performance.
(iv) If no mutual compliance agreement is reached at the show cause meeting, or upon the Division Director's determination that the owner or operator has failed to perform as specified in the mutual compliance agreement, the Division Director shall request the Commissioner or Board, as appropriate, to order forfeiture of the financial assurance filed to guarantee such performance.
(v) The Commissioner or Board, as appropriate, shall order forfeiture of the financial assurance upon his/her or its validation of the Division Director's determinations and upon his/her or its determination that the procedures of this subparagraph have been followed. The Commissioner or Board may, however, at his/her or its discretion, provide opportunity for the owner or operator to be heard before issuing such order. Upon issuance, a copy of the order shall be hand delivered or forwarded by certified mail to the owner or operator. Any such order issued by the Commissioner or Board shall become effective 30 days after receipt by the owner or operator unless it is appealed to the Board as provided in T.C.A. § 68-212-113 of the Act.
(vi) If necessary, upon the effective date of the order of forfeiture, the Commissioner shall give notice to the State Attorney General who shall collect the forfeiture.
(vii) All forfeited funds shall be deposited in a special account entitled "the hazardous waste trust fund," for use by the Commissioner as set forth in T.C.A. § 68-212-108(c)(6) of the Act.
(e) - (g) Reserved [ 40 CFR 261.144-261.146 ]
(h) Liability requirement. [ 40 CFR 261.147 ]
1. Coverage for sudden accidental occurrences An owner or operator of a hazardous secondary material reclamation facility or an intermediate facility subject to financial assurance requirements under subitem (1)(d)1(xxiv)(VI)VII of this rule, or a group of such facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator must have and maintain liability coverage for sudden accidental occurrences in the amount of at least $1 million per occurrence with an annual aggregate of at least $2 million, exclusive of legal defense costs. This liability coverage may be demonstrated as specified in subpart (i), (ii), (iii), (iv), (v) or (vi) of this part:
(i) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in this subpart.
(I) Each insurance policy must be amended by attachment of the Hazardous Secondary Material Facility Liability Endorsement. The wording of the endorsement must be identical to the wording specified in part (l)8 of this paragraph. The owner or operator must submit a signed duplicate original of the endorsement to the Commissioner. If requested by the Commissioner, the owner or operator must provide a signed duplicate original of the insurance policy.
(II) The insurer must be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in the state of Tennessee and have an A. M. Best rating of at least A or A- or have special approval from the Commissioner. An insurer that is a "captive insurance company", as that term is used in T.C.A. §§ 56-13-106 through 56-13-133, may not be utilized unless the Commissioner determines that such captive insurance company offers coverage that is equivalent in protection to other insurance companies or other allowable financial assurance mechanisms.
(ii) An owner or operator may meet the requirements of this part by passing a financial test or using the guarantee for liability coverage as specified in parts 6 and 7 of this subparagraph.
(iii) An owner or operator may meet the requirements of this part by obtaining a letter of credit for liability coverage as specified in part 8 of this subparagraph.
(iv) An owner or operator may meet the requirements of this part by obtaining a surety bond for liability coverage as specified in part 9 of this subparagraph.
(v) An owner or operator may meet the requirements of this part by obtaining a trust fund for liability coverage as specified in part 10 of this subparagraph.
(vi) An owner or operator may demonstrate the required liability coverage through the use of combinations of insurance, financial test, guarantee, letter of credit, surety bond, and trust fund, except that the owner or operator may not combine a financial test covering part of the liability coverage requirement with a guarantee unless the financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The amounts of coverage demonstrated must total at least the minimum amounts required by this part. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subpart, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify other assurance as "excess" coverage.
(vii) An owner or operator shall notify the Commissioner in writing within 30 days whenever:
(I) A claim results in a reduction in the amount of financial assurance for liability coverage provided by a financial instrument authorized in subparts (i) through (vi) of this part; or
(II) A Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous secondary material reclamation facility or intermediate facility is entered between the owner or operator and third-party claimant for liability coverage under subparts (i) through (vi) of this part; or
(III) A final court order establishing a judgment for bodily injury or property damage caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous secondary material reclamation facility or intermediate facility is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage under subparts (i) through (vi) of this part.
2. Coverage for nonsudden accidental occurrences

An owner or operator of a hazardous secondary material reclamation facility or intermediate facility with land-based units, as defined in subparagraph (2)(a) of Rule 0400-12-01-.01, which are used to manage hazardous secondary materials excluded under subpart (1)(d)1(xxiv) of this rule or a group of such facilities, must demonstrate financial responsibility for bodily injury and property damage to third parties caused by nonsudden accidental occurrences arising from operations of the facility or group of facilities. The owner or operator must have and maintain liability coverage for nonsudden accidental occurrences in the amount of at least $3 million per occurrence with an annual aggregate of at least $6 million, exclusive of legal defense costs. An owner or operator who must meet the requirements of this part may combine the required per-occurrence coverage levels for sudden and nonsudden accidental occurrences into a single peroccurrence level, and combine the required annual aggregate coverage levels for sudden and nonsudden accidental occurrences into a single annual aggregate level. Owners or operators who combine coverage levels for sudden and nonsudden accidental occurrences must maintain liability coverage in the amount of at least $4 million per occurrence and $8 million annual aggregate. This liability coverage may be demonstrated as specified in subpart (i), (ii), (iii), (iv), (v), or (vi) of this part:

(i) An owner or operator may demonstrate the required liability coverage by having liability insurance as specified in this part.
(I) Each insurance policy must be amended by attachment of the Hazardous Secondary Material Facility Liability Endorsement. The wording of the endorsement must be identical to the wording specified in part (l)8 of this paragraph. The owner or operator must submit a signed duplicate original of the endorsement or the certificate of insurance to the Commissioner. If requested by the Commissioner, the owner or operator must provide a signed duplicate original of the insurance policy.
(II) The insurer must be licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer, in the state of Tennessee and have an A. M. Best rating of at least A or A- or have special approval from the Commissioner. An insurer that is a "captive insurance company", as that term is used in T.C.A. §§ 56-13-106 through 56-13-133, may not be utilized unless the Commissioner determines that such captive insurance company offers coverage that is equivalent in protection to other insurance companies or other allowable financial assurance mechanisms.
(ii) An owner or operator may meet the requirements of this part by passing a financial test or using the guarantee for liability coverage as specified in parts 6 and 7 of this subparagraph.
(iii) An owner or operator may meet the requirements of this part by obtaining a letter of credit for liability coverage as specified in part 8 of this subparagraph.
(iv) An owner or operator may meet the requirements of this part by obtaining a surety bond for liability coverage as specified in part 9 of this subparagraph.
(v) An owner or operator may meet the requirements of this part by obtaining a trust fund for liability coverage as specified in part 10 of this subparagraph.
(vi) An owner or operator may demonstrate the required liability coverage through the use of combinations of insurance, financial test, guarantee, letter of credit, surety bond, and trust fund, except that the owner or operator may not combine a financial test covering part of the liability coverage requirement with a guarantee unless the financial statement of the owner or operator is not consolidated with the financial statement of the guarantor. The amounts of coverage demonstrated must total at least the minimum amounts required by this part. If the owner or operator demonstrates the required coverage through the use of a combination of financial assurances under this subpart, the owner or operator shall specify at least one such assurance as "primary" coverage and shall specify other assurance as "excess" coverage.
(vii) An owner or operator shall notify the Commissioner in writing within 30 days whenever:
(I) A claim results in a reduction in the amount of financial assurance for liability coverage provided by a financial instrument authorized in subparts (i) through (vi) of this part; or
(II) A Certification of Valid Claim for bodily injury or property damages caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous secondary material treatment and/or storage facility is entered between the owner or operator and third-party claimant for liability coverage under subparts (i) through (vi) of this part; or
(III) A final court order establishing a judgment for bodily injury or property damage caused by a sudden or non-sudden accidental occurrence arising from the operation of a hazardous secondary material treatment and/or storage facility is issued against the owner or operator or an instrument that is providing financial assurance for liability coverage under parts (i) through (vi) of this part.
3. Request for variance If an owner or operator can demonstrate to the satisfaction of the Commissioner that the levels of financial responsibility required by part 1 or 2 of this subparagraph are not consistent with the degree and duration of risk associated with treatment and/or storage at the facility or group of facilities, the owner or operator may obtain a variance from the Commissioner. The request for a variance must be submitted in writing to the Commissioner. If granted, the variance will take the form of an adjusted level of required liability coverage, such level to be based on the Commissioner's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. The Commissioner may require an owner or operator who requests a variance to provide such technical and engineering information as is deemed necessary by the Commissioner to determine a level of financial responsibility other than that required by part 1 or 2 of this subparagraph.
4. Adjustments by the Commissioner If the Commissioner determines that the levels of financial responsibility required by part 1 or 2 of this subparagraph are not consistent with the degree and duration of risk associated with treatment and/or storage at the facility or group of facilities, the Commissioner may adjust the level of financial responsibility required under part 1 or 2 of this subparagraph as may be necessary to protect human health and the environment. This adjusted level will be based on the Commissioner's assessment of the degree and duration of risk associated with the ownership or operation of the facility or group of facilities. In addition, if the Commissioner determines that there is a significant risk to human health and the environment from nonsudden accidental occurrences resulting from the operations of a facility that is not a surface impoundment, pile, or land treatment facility, he may require that an owner or operator of the facility comply with part 2 of this subparagraph. An owner or operator must furnish to the Commissioner, within a reasonable time, any information which the Commissioner requests to determine whether cause exists for such adjustments of level or type of coverage.
5. Period of coverage Within 60 days after receiving certifications from the owner or operator and a qualified Professional Engineer that all hazardous secondary materials have been removed from the facility or a unit at the facility and the facility or a unit has been decontaminated in accordance with the approved plan per part (d)8 of this paragraph, the Commissioner will notify the owner or operator in writing that he is no longer required under item (1)(d)1(xxiv)(VI)VII of this rule to maintain liability coverage for that facility or a unit at the facility, unless the Commissioner has reason to believe that that all hazardous secondary materials have not been removed from the facility or unit at a facility or that the facility or unit has not been decontaminated in accordance with the approved plan.
6. Financial test for liability coverage
(i) An owner or operator may satisfy the requirements of this subparagraph by demonstrating that he passes a financial test as specified in this part. To pass this test the owner or operator must meet the criteria of item (I) or (II) of this subpart:
(I) The owner or operator must have:
I. Net working capital and tangible net worth each at least six times the amount of liability coverage to be demonstrated by this test; and
II. Tangible net worth of at least $10 million; and
III. Assets in the United States amounting to either:
A. At least 90 percent of his total assets; or
B. At least six times the amount of liability coverage to be demonstrated by this test.
(II) The owner or operator must have:
I. A current rating for his most recent bond issuance of AAA, AA, A, or BBB as issued by Standard and Poor's, or Aaa, Aa, A, or Baa as issued by Moody's; and
II. Tangible net worth of at least $10 million; and
III. Tangible net worth at least six times the amount of liability coverage to be demonstrated by this test; and
IV. Assets in the United States amounting to either:
A. At least 90 percent of his total assets; or
B. At least six times the amount of liability coverage to be demonstrated by this test.
(ii) The phrase "amount of liability coverage" as used in subpart (i) of this part refers to the annual aggregate amounts for which coverage is required under parts 1 and 2 of this subparagraph and the annual aggregate amounts for which coverage is required under parts (8)(n)1 and 2 of Rules 0400-12-01-.05 and 0400-12-01-.06.
(iii) To demonstrate that he meets this test, the owner or operator must submit the following three items to the Commissioner:
(I) A letter signed by the owner's or operator's chief financial officer and worded as specified in part (l)6 of this paragraph. If an owner or operator is using the financial test to demonstrate both assurance as specified by part (d)5 of this paragraph, and liability coverage, he must submit the letter specified in part (l)6 of this paragraph to cover both forms of financial responsibility; a separate letter as specified in part (l)5 of this paragraph is not required.
(II) A copy of the independent certified public accountant's report on examination of the owner's or operator's financial statements for the latest completed fiscal year.
(III) If the chief financial officer's letter providing evidence of financial assurance includes financial data showing that the owner or operator satisfies item (i)(I) of this part that are different from the data in the audited financial statements referred to in item (II) of this subpart or any other audited financial statement or data filed with the SEC, then a special report from the owner's or operator's independent certified public accountant to the owner or operator is required. The special report shall be based upon an agreed upon procedures engagement in accordance with professional auditing standards and shall describe the procedures performed in comparing the data in the chief financial officer's letter derived from the independently audited, year-end financial statements for the latest fiscal year with the amounts in such financial statements, the findings of the comparison, and the reasons for any difference.
(iv) The owner or operator may obtain a one-time extension of the time allowed for submission of the documents specified in subpart (iii) of this part if the fiscal year of the owner or operator ends during the 90 days prior to the effective date of these rules and if the year-end financial statements for that fiscal year will be audited by an independent certified public accountant. The extension will end no later than 90 days after the end of the owner's or operator's fiscal year. To obtain the extension, the owner's or operator's chief financial officer must send, by the effective date of these rules, a letter to the Commissioner. This letter from the chief financial officer must:
(I) Request the extension;
(II) Certify that he has grounds to believe that the owner or operator meets the criteria of the financial test;
(III) Specify for each facility to be covered by the test the EPA Identification Number, name, address, the amount of liability coverage and, when applicable, current closure and post-closure cost estimates to be covered by the test;
(IV) Specify the date ending the owner's or operator's last complete fiscal year before the effective date of these regulations;
(V) Specify the date, no later than 90 days after the end of such fiscal year, when he will submit the documents specified in subpart (iii) of this part; and
(VI) Certify that the year-end financial statements of the owner or operator for such fiscal year will be audited by an independent certified public accountant.
(v) After the initial submission of items specified in subpart (iii) of this part, the owner or operator must send updated information to the Commissioner within 90 days after the close of each succeeding fiscal year. This information must consist of all three items specified in subpart (iii) of this part.
(vi) If the owner or operator no longer meets the requirements of subpart (i) of this part, he must obtain insurance, a letter of credit, a surety bond, a trust fund, or a guarantee for the entire amount of required liability coverage as specified in this part. Evidence of liability coverage must be submitted to the Commissioner within 90 days after the end of the fiscal year for which the year-end financial data show that the owner or operator no longer meets the test requirements.
(vii) The Commissioner may disallow use of this test on the basis of qualifications in the opinion expressed by the independent certified public accountant in his report on examination of the owner's or operator's financial statements (see item (iii)(II) of this part). An adverse opinion or a disclaimer of opinion will be cause for disallowance. The Commissioner will evaluate other qualifications on an individual basis. The owner or operator must provide evidence of insurance for the entire amount of required liability coverage as specified in this part within 30 days after notification of disallowance.
7. Guarantee for liability coverage
(i) Subject to subpart (ii) of this part, an owner or operator may meet the requirements of this subparagraph by obtaining a written guarantee, hereinafter referred to as "guarantee." The guarantor must be the direct or higher-tier parent corporation of the owner or operator, a firm whose parent corporation is also the parent corporation of the owner or operator, or a firm with a "substantial business relationship" with the owner or operator. The guarantor must meet the requirements for owners or operators in subparts 7(i) through (vi) of this subparagraph. The wording of the guarantee must be identical to the wording specified in subpart (l)7(ii) of this paragraph. A certified copy of the guarantee must accompany the items sent to the Commissioner as specified in subpart 7(iii) of this subparagraph. One of these items must be the letter from the guarantor's chief financial officer. If the guarantor's parent corporation is also the parent corporation of the owner or operator, this letter must describe the value received in consideration of the guarantee. If the guarantor is a firm with a "substantial business relationship" with the owner or operator, this letter must describe this "substantial business relationship" and the value received in consideration of the guarantee.
(I) If the owner or operator fails to satisfy a judgment based on a determination of liability for bodily injury or property damage to third parties caused by sudden or nonsudden accidental occurrences (or both as the case may be), arising from the operation of facilities covered by this corporate guarantee, or fails to pay an amount agreed to in settlement of claims arising from or alleged to arise from such injury or damage, the guarantor will do so up to the limits of coverage.
(II) Reserved
(ii)
(I) In the case of corporations incorporated in the United States, a guarantee may be used to satisfy the requirements of this part only if the Attorneys General or Insurance Commissioners of:
I. The state in which the guarantor is incorporated; and
II. Each state in which a facility covered by the guarantee is located has submitted a written statement to the Commissioner and the EPA that a guarantee executed as described in this part and subpart (l)7(ii) of this paragraph is a legally valid and enforceable obligation in that state.
(II) In the case of corporations incorporated outside the United States, a guarantee may be used to satisfy the requirements of this section only if:
I. The non-U.S. corporation has identified a registered agent for service of process in each state in which a facility covered by the guarantee is located and in the state in which it has its principal place of business; and if
II. The Attorney General or Insurance Commissioner of each state in which a facility covered by the guarantee is located and the state in which the guarantor corporation has its principal place of business, has submitted a written statement to the Commissioner and the EPA that a guarantee executed as described in this part and subpart (l)7(ii) of this paragraph is a legally valid and enforceable obligation in that state.
8. Letter of credit for liability coverage
(i) An owner or operator may satisfy the requirements of this subparagraph by obtaining an irrevocable standby letter of credit that conforms to the requirements of this part and submitting a copy of the letter of credit to the Commissioner.
(ii) The financial institution issuing the letter of credit must be an entity that has the authority to issue letters of credit and whose letter of credit operations are regulated and examined by a federal or state agency.
(iii) The wording of the letter of credit must be identical to the wording specified in part (l)9 of this paragraph.
9. Surety bond for liability coverage
(i) An owner or operator may satisfy the requirements of this subparagraph by obtaining a surety bond that conforms to the requirements of this part and submitting a copy of the bond to the Commissioner.
(ii) The surety company issuing the bond must be licensed to do business as a surety in Tennessee and must be among those listed as acceptable sureties on federal bonds in the most recent Circular 570 of the U.S. Department of the Treasury.
(iii) The wording of the surety bond must be identical to the wording specified in part (l)10 of this paragraph.
(iv) A surety bond may be used to satisfy the requirements of this subparagraph only if the Attorneys General or Insurance Commissioners of:
(I) The state in which the surety is incorporated; and
(II) Each state in which a facility covered by the surety bond is located has submitted a written statement to the Commissioner and the EPA that a surety bond executed as described in this part and part (l)10 of this paragraph is a legally valid and enforceable obligation in that state.
10. Trust fund for liability coverage
(i) An owner or operator may satisfy the requirements of this subparagraph by establishing a trust fund that conforms to the requirements of this part and submitting an originally signed duplicate of the trust agreement to the Commissioner.
(ii) The trustee must be an entity which has the authority to act as a trustee and whose trust operations are regulated and examined by a federal or state agency.
(iii) The trust fund for liability coverage must be funded for the full amount of the liability coverage to be provided by the trust fund before it may be relied upon to satisfy the requirements of this subparagraph. If at any time after the trust fund is created the amount of funds in the trust fund is reduced below the full amount of the liability coverage to be provided, the owner or operator, by the anniversary date of the establishment of the Fund, must either add sufficient funds to the trust fund to cause its value to equal the full amount of liability coverage to be provided, or obtain other financial assurance as specified in this subparagraph to cover the difference. For purposes of this paragraph, "the full amount of the liability coverage to be provided" means the amount of coverage for sudden and/or nonsudden occurrences required to be provided by the owner or operator by this subparagraph, less the amount of financial assurance for liability coverage that is being provided by other financial assurance mechanisms being used to demonstrate financial assurance by the owner or operator.
(iv) The wording of the trust fund must be identical to the wording specified in part (l)11 of this paragraph.
(i) Incapacity of owners or operators, guarantors, or financial institutions
1. An owner or operator must notify the Commissioner by certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator as debtor, within 10 days after commencement of the proceeding. A guarantor of a corporate guarantee as specified in part (d)5 of this paragraph must make such a notification if he is named as debtor, as required under the terms of the corporate guarantee.
2. An owner or operator who fulfills the requirements of subparagraph (d) or (h) by obtaining a trust fund, surety bond, letter of credit, or insurance policy will be deemed to be without the required financial assurance or liability coverage in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee or of the institution issuing the surety bond, letter of credit, or insurance policy to issue such instruments. The owner or operator must establish other financial assurance or liability coverage within 60 days after such an event.
(j) Reserved [ 40 CFR 261.149 ]
(k) Reserved [40 CFR. 261.150]
(l) Wording of the instruments

The wording of the financial instruments must be as follows or otherwise approved for use by the Commissioner:

1.
(i) A trust agreement for a trust fund, as specified in part (d)1 of this paragraph, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Trust Agreement

Trust Agreement, the "Agreement," entered into as of [date] by and between [name of the owner or operator], a [name of State] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert "incorporated in the State of ___________________" or "a national bank"], the "Trustee."

Whereas, the Underground Storage Tanks and Solid Waste Disposal Control Board, an agency of the State of Tennessee, has established certain rules applicable to the Grantor, requiring that an owner or operator of a facility regulated under Rule 0400-12-01-.05, or 0400-12-01-.06, or satisfying the conditions of the exclusion under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02 shall provide assurance that funds will be available if needed for care of the facility under paragraph (7) of Rule 0400-12-01-.05 or 0400-12-01.06, as applicable, Whereas, the Grantor has elected to establish a trust to provide all or part of such financial assurance for the facilities identified herein, Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee, Now, Therefore, the Grantor and the Trustee agree as follows:

Section 1. Definitions.

As used in this Agreement:

(a) The term "Grantor" means the owner or operator who enters into this Agreement and any successors or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
(c) The term "Commissioner" means the Commissioner of the Tennessee Department of Environment and Conservation.
Section 2. Identification of Facilities and Cost Estimates.

This Agreement pertains to the facilities and cost estimates identified on attached Schedule A [on Schedule A, for each facility list the EPA Identification Number (if available), name, address, and the current cost estimates, or portions thereof, for which financial assurance is demonstrated by this Agreement].

Section 3. Establishment of Fund.

The Grantor and the Trustee hereby establish a trust fund, the "Fund," for the benefit of the Tennessee Department of Environment and Conservation in the event that the hazardous secondary materials of the grantor no longer meet the conditions of the exclusion under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02. The Grantor and the Trustee intend that no third party have access to the Fund except as herein provided. The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Commissioner.

Section 4. Payments from the Fund.

The Trustee shall make payments from the Fund as the Commissioner shall direct, in writing, to provide for the payment of the costs of the performance of activities required under paragraph (7) of Rules 0 40012-01-.05 or 0400-12-01-.06 for the facilities covered by this Agreement. The Trustee shall reimburse the Grantor or other persons as specified by the Commissioner from the Fund for expenditures for such activities in such amounts as the beneficiary shall direct in writing. In addition, the Trustee shall refund to the Grantor such amounts as the Commissioner specifies in writing. Upon refund, such funds shall no longer constitute part of the Fund as defined herein.

Section 5. Payments Comprising the Fund.

Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee.

Section 6. Trustee Management.

The Trustee shall invest and reinvest the principal and income of the Fund and keep the Fund invested as a single fund, without distinction between principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstances then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:

(i) Securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2.(a), shall not be acquired or held, unless they are securities or other obligations of the Federal or a state government;
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or a state government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment.

The Trustee is expressly authorized in its discretion:

(a) To transfer from time to time any or all of the assets of the Fund to any common, commingled, or collective trust fund created by the Trustee in which the Fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 80a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee.

Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:

(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition;
(b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depositary even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depositary with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the Federal or a state government; and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses.

All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.

Section 10. Annual Valuation.

The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Commissioner a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and the Commissioner shall constitute a conclusively binding assent by the Grantor, barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.

Section 11. Advice of Counsel.

The Trustee may from time to time consult with counsel, who may be counsel to the Grantor, with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.

Section 12. Trustee Compensation.

The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.

Section 13. Successor Trustee.

The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Commissioner, and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this Section shall be paid as provided in Section 9.

Section 14. Instructions to the Trustee.

All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendment to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. All orders, requests, and instructions by the Commissioner to the Trustee shall be in writing, signed by the Commissioner or their designee, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Commissioner hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or the Commissioner, except as provided for herein.

Section 15. Amendment of Agreement.

This Agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the Commissioner, or by the Trustee and the Commissioner if the Grantor ceases to exist.

Section 16. Irrevocability and Termination.

Subject to the right of the parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Commissioner, or by the Trustee and the Commissioner, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.

Section 17. Immunity and Indemnification.

The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Commissioner issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.

Section 18. Choice of Law.

This Agreement shall be administered, construed, and enforced according to the laws of the state of [insert name of state].

Section 19. Interpretation.

As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each Section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.

In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written: The parties below certify that the wording of this Agreement is identical to the wording specified in subpart (8)(l)1(i) of Rule 0400-12-01-.02 as such rules were constituted on the date first above written.

[Signature of Grantor]

[Title]

Attest:

[Title]

[Seal]

[Signature of Trustee]

Attest:

[Title]

[Seal]

(ii) The following is an example of the certification of acknowledgment which must accompany the trust agreement for a trust fund as specified in part (d)1 of this paragraph.

State of _____________________ County of _______________________

On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/his name thereto by like order.

[Signature of Notary Public]

2. A surety bond, as specified in part (d)2 of this paragraph, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Financial Guarantee Bond

Date bond executed:

Effective date:

Principal: [legal name and business address of owner or operator]

Type of Organization: [insert "individual," "joint venture," "partnership," or "corporation"]

State of incorporation:________________________________

Surety(ies): [name(s) and business address(es)]

EPA Identification Number, name, address and amount(s) for each facility guaranteed by this bond:

Total penal sum of bond: $ _____________________ Surety's bond number: ___________________

Know All Persons By These Presents, That we, the Principal and Surety(ies) are firmly bound to the Tennessee Department of Environment and Conservation in the event that the hazardous secondary materials at the reclamation or intermediate facility listed below no longer meet the conditions of the exclusion under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02, in the above penal sum for the payment of which we bind ourselves, our heirs, executors, administrators, successors, and assigns jointly and severally; provided that, where the Surety(ies) are corporations acting as co-sureties, we, the Sureties, bind ourselves in such sum "jointly and severally" only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each Surety binds itself, jointly and severally with the Principal, for the payment of such sum only as is set forth opposite the name of such Surety, but if no limit of liability is indicated, the limit of liability shall be the full amount of the penal sum.

Whereas said Principal is required, under the Tennessee Hazardous Waste Management Act, to have a permit or interim status in order to own or operate each facility identified above, or to meet conditions under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02; and

Whereas said Principal is required to provide financial assurance as a condition of permit or interim status or as a condition of an exclusion under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02;

Now, Therefore, the conditions of the obligation are such that if the Principal shall faithfully satisfy all the conditions established for exclusion of hazardous secondary materials from coverage as solid waste under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02,

Or, if the Principal shall provide alternate financial assurance, as specified in paragraph (8) of Rule 0 40012-01-.02, as applicable, and obtain the Commissioner's written approval of such assurance, within 90 days after the date notice of cancellation is received by both the Principal and the Commissioner from the Surety(ies), then this obligation shall be null and void; otherwise it is to remain in full force and effect.

The Surety(ies) shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by the Commissioner that the Principal has failed to perform as guaranteed by this bond, the Surety(ies) shall forfeit all or a portion of the penal sum of this bond to the Department.

Upon notification by the Commissioner that the Principal has failed to provide alternate financial assurance as specified in paragraph (8) of rule 0400-12-01-.02, and obtain written approval of such assurance from the Commissioner during the 90 days following receipt by both the Principal and the Commissioner of a notice of cancellation of the bond, the Surety(ies) shall forfeit the penal sum of this bond to the Department.

The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.

The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and to the Commissioner, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by both the Principal and the Commissioner, as evidenced by the return receipts.

The Principal may terminate this bond by sending written notice to the Surety(ies), provided, however, that no such notice shall become effective until the Surety(ies) receive(s) written authorization for termination of the bond by the Commissioner.

[The following paragraph is an optional rider that may be included but is not required.]

Principal and Surety(ies) hereby agree to adjust the penal sum of the bond yearly so that it guarantees a new amount, provided that the penal sum does not increase by more than 20 percent in any one year, and no decrease in the penal sum takes place without the written permission of the Commissioner.

In Witness Whereof, the Principal and Surety(ies) have executed this Financial Guarantee Bond and have affixed their seals on the date set forth above.

The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in part (8)(l)2 of Rule 0400-12-01-.02 as such rules were constituted on the date this bond was executed.

Principal

[Signature(s)]

______________________

[Name(s)]

_________________________

[Title(s)]

_________________________

[Corporate seal] _____________________________

Corporate Surety(ies)

[Name and address]

State of incorporation:_________________________

Liability limit:

$ _________________________________________

[Signature(s)]

[Name(s) and title(s)]

[Corporate seal]

[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]

Bond premium: $ ________________________________

3. A letter of credit, as specified in part (d)3 of this paragraph, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Irrevocable Standby Letter of Credit

Commissioner

Tennessee Department of Environment and Conservation

Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No._______ in your favor, in the event that the hazardous secondary materials at the covered reclamation or intermediary facility(ies) no longer meet the conditions of the exclusion under subpart (1)(d)1(xxiv) of Rule 0400-12-01.02, at the request and for the account of [owner's or operator's name and address] up to the aggregate amount of [in words] U.S. dollars $_________, available upon presentation of

(1) your sight draft, bearing reference to this letter of credit No.______, and
(2) your signed statement reading as follows: "I certify that the amount of the draft is payable pursuant to rules issued under authority of T.C.A §§ 68-212-101 et seq."

This letter of credit is effective as of [date] and shall expire on [date at least 1 year later], but such expiration date shall be automatically extended for a period of [at least 1 year] on [date] and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify both you and [owner's or operator's name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date. In the event you are so notified, any unused portion of the credit shall be available upon presentation of your sight draft for 120 days after the date of receipt by both you and [owner's or operator's name], as shown on the signed return receipts.

Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us, and we shall pay the amount of the draft to the State of Tennessee in accordance with your instructions.

We certify that the wording of this letter of credit is identical to the wording specified in part (8)(l)3 of Rule 0400-12-01-.02 as such rules were constituted on the date shown immediately below.

[Signature(s) and title(s) of official(s) of issuing institution] [Date]

This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce," or "the Uniform Commercial Code"].

4. A hazardous secondary material reclamation/intermediate facility endorsement, as specified in part (d)5 of this paragraph, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Hazardous Secondary Material Reclamation/Intermediate Facility Endorsement

This endorsement certifies that the policy to which the endorsement is attached provides insurance to provide financial assurance so that in accordance with applicable rules all hazardous secondary materials can be removed from the facility or any unit at the facility and the facility or any unit at the facility can be decontaminated at the facilities identified above. The Insurer further warrants that such policy conforms in all respects with the requirements of part (8)(d)4 of Rule 0400-12-01-.02 as applicable and as such rules were constituted on the effective date of this endorsement. It is agreed that any provision of the policy inconsistent with such rules is hereby amended to eliminate such inconsistency. The coverage applies at [list EPA Identification Number (if any issued), name, and address for each facility]. The limits of liability are [insert the dollar amount], exclusive of legal defense costs.

Whenever requested by the Commissioner of the Tennessee Department of Environment and Conservation, the Insurer agrees to furnish to the Commissioner a duplicate original of the policy listed above, including all endorsements thereon.

I hereby certify that the wording of this endorsement is identical to the wording specified in part (8)(l)4 of Rule 0400-12-01-.02 as such rules were constituted on the date shown immediately below.

[Authorized signature for Insurer]

[Name of person signing]

[Title of person signing]

Signature of witness or notary: _______________________________

[Date]

5. A letter from the chief financial officer, as specified in part (d)5 of this paragraph, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Letter From Chief Financial Officer

[Address to the Commissioner of the Tennessee Department of Environment and Conservation].

I am the chief financial officer of [name and address of firm]. This letter is in support of this firm's use of the financial test to demonstrate financial assurance, as specified in paragraph (8) of Rule 0400-12-01.02.

[Fill out the following nine paragraphs regarding facilities and associated cost estimates. If your firm has no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility, include its EPA Identification Number (if any issued), name, address, and current cost estimates.]

1. This firm is the owner or operator of the following facilities for which financial assurance is demonstrated through the financial test specified in paragraph (8) of Rule 0400-12-01-.02. The current cost estimates covered by the test are shown for each facility: _____________________________.
2. This firm guarantees, through the guarantee specified in paragraph (8) of Rule 0400-12-01-.02, the following facilities owned or operated by the guaranteed party. The current cost estimates so guaranteed are shown for each facility: ___________________. The firm identified above is [insert one or more:
(1) The direct or higher-tier parent corporation of the owner or operator;
(2) owned by the same parent corporation as the parent corporation of the owner or operator, and receiving the following value in consideration of this guarantee ______________, or
(3) engaged in the following substantial business relationship with the owner or operator _______________, and receiving the following value in consideration of this guarantee _____________]. [Attach a written description of the business relationship or a copy of the contract establishing such relationship to this letter].
3. In states other than Tennessee, this firm, as owner or operator or guarantor, is demonstrating financial assurance for the following facilities through the use of a test equivalent or substantially equivalent to the financial test specified in paragraph (8) of Rule 0400-12-01-.02. The current cost estimates covered by such a test are shown for each facility: _______________.
4. This firm is the owner or operator of the following hazardous secondary materials management facilities for which financial assurance is required but has not been demonstrated either to EPA or a state through the financial test or any other financial assurance mechanism specified in paragraph (8) of Rule 0400-12-01-.02 or equivalent or substantially equivalent state mechanisms. The current cost estimates not covered by such financial assurance are shown for each facility:.
5. In states other than Tennessee, this firm, as owner and/or operator or guarantor, is demonstrating financial assurance to the EPA or other federal agency under federal statute or rules, or to a state under substantially equivalent state rules, for the following facilities through the use of a test equivalent or substantially equivalent to the financial test specified herein, including but not limited to hazardous waste Treatment, Storage and Disposal Facilities ("TSDF") under 40 CFR Part 265 , Solid Waste Landfill ("SWLF") facilities under 40 CFR Part 264 , Underground Storage Tank ("UST") facilities under 40 CFR Part 280, Underground Injection Control ("UIC") sites under 40 CFR Part 144 , the decommissioning of materials facilities licensed by the Nuclear Regulatory Commission under 10 CFR Parts 30, 40, 70, and 72 ("NRC"), and CERCLA settlements under CERCLA § 108(b). The total dollar amount of such financial assurance covered by a financial test is equal, in the aggregate, to [$____________], and is shown for each facility as follows: ________________.
6. This firm is the owner or operator of the following facilities for which financial assurance for closure or post-closure care is demonstrated through the financial test specified in paragraph (8) of Rules 0 40012-01-.05 and 0400-12-01-.06. The current closure and/or post-closure cost estimates covered by the test are shown for each facility: ____________.
7. This firm guarantees, through the guarantee specified in paragraph (8) of Rules 0400-12-01-.05 and 0400-12-01-.06, the closure or post-closure care of the following facilities owned or operated by the guaranteed party. The current cost estimates for the closure or post-closure care so guaranteed are shown for each facility: _____________. The firm identified above is [insert one or more:
(1) The direct or higher-tier parent corporation of the owner or operator;
(2) owned by the same parent corporation as the parent corporation of the owner or operator, and receiving the following value in consideration of this guarantee ___________; or
(3) engaged in the following substantial business relationship with the owner or operator ___________, and receiving the following value in consideration of this guarantee _________]. [Attach a written description of the business relationship or a copy of the contract establishing such relationship to this letter].
8. In states other than Tennessee, this firm, as owner or operator or guarantor, is demonstrating financial assurance for the closure or post-closure care of the following facilities through the use of a test equivalent or substantially equivalent to the financial test specified in paragraph (8) of Rules 0400-12-01-.05 and 0400-12-01-.06. The current closure and/or post-closure cost estimates covered by such a test are shown for each facility: ___________.
9. This firm is the owner or operator of the following SWLF, TSDF, UST, UIC, CERCLA, or NRC facilities for which financial assurance is required but has not been demonstrated either to the EPA or other federal agency or to a state through the financial test or any other financial assurance mechanism. The total dollar amount not covered by such financial assurance is shown for each facility: ________________.

This firm [insert "is required" or "is not required"] to file a Form 10-K with the Securities and Exchange Commission (SEC) for the latest fiscal year.

The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [date].

[Fill in Alternative I if the criteria of item (d)5(i)(I) of Rule 0400-12-01-.02 are used. Fill in Alternative II if the criteria of item (d)5(i)(II) of Rule 0400-12-01-.02 are used.]

Alternative I

1. Sum of current cost estimates [total of all cost estimates shown in the nine paragraphs above] $___________
*2. Total liabilities [if any portion of the cost estimates is included in total liabilities, you may deduct the amount of that portion from this line and add that amount to lines 3 and 4] $______________
*3. Tangible net worth $ ________
*4. Net worth $ _________
*5. Current assets $__________
*6. Current liabilities $ ________
7. Net working capital [line 5 minus line 6] $ _________
*8. The sum of net income plus depreciation, depletion, and amortization $ __________
*9. Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.) $ _______
10. Is line 3 at least $10 million? (Yes/No) __________
11. Is line 3 at least 6 times line 1? (Yes/No) __________
12. Is line 7 at least 6 times line 1? (Yes/No) __________
*13. Are at least 90% of firm's assets located in the U.S.? If not, complete line 14 (Yes/No) _______
14. Is line 9 at least 6 times line 1? (Yes/No) __________
15. Is line 2 divided by line 4 less than 2.0? (Yes/No) ________
16. Is line 8 divided by line 2 greater than 0.1? (Yes/No) ______
17. Is line 5 divided by line 6 greater than 1.5? (Yes/No) ______

Alternative II

1. Sum of current cost estimates [total of all cost estimates shown in the eight paragraphs above] $________
2. Current bond rating of most recent issuance of this firm and name of rating service ___________
3. Date of issuance of bond ___________
4. Date of maturity of bond ___________
*5. Tangible net worth [if any portion of the cost estimates is included in "total liabilities" on your firm's financial statements, you may add the amount of that portion to this line] $ ___________
*6. Total assets in U.S. (required only if less than 90% of firm's assets are located in the U.S.) $__________
7. Is line 5 at least $10 million? (Yes/No) _____
8. Is line 5 at least 6 times line 1? (Yes/No) ______
*9. Are at least 90% of firm's assets located in the U.S.? If not, complete line 10 (Yes/No) ______
10. Is line 6 at least 6 times line 1? (Yes/No) _______

I hereby certify that the wording of this letter is identical to the wording specified in part (8)(l)5 of Rule 0400-12-01-.02 as such rules were constituted on the date shown immediately below.

[Signature] __________________________________

[Name] _____________________________________

[Title] ______________________________________

[Date] ______________________________________

6. A letter from the chief financial officer, as specified in part (h)6 of this paragraph, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.

Letter from Chief Financial Officer

[Address to the Commissioner of the Tennessee Department of Environment and Conservation].

I am the chief financial officer of [firm's name and address]. This letter is in support of the use of the financial test to demonstrate financial responsibility for liability coverage under subparagraph (h) [insert "and costs assured under part (d)5" if applicable] as specified in paragraph (8) of Rule 0400-12-01-.02.

[Fill out the following paragraphs regarding facilities and liability coverage. If there are no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility, include its EPA Identification Number (if any issued), name, and address].

The firm identified above is the owner or operator of the following facilities for which liability coverage for [insert "sudden" or "nonsudden" or "both sudden and nonsudden"] accidental occurrences is being demonstrated through the financial test specified in paragraph (8) of Rule 0400-12-01-.02:_________

The firm identified above guarantees, through the guarantee specified in paragraph (8) of Rule 0400-1201-.02, liability coverage for [insert "sudden" or "nonsudden" or "both sudden and nonsudden"] accidental occurrences at the following facilities owned or operated by the following: _______________. The firm identified above is [insert one or more:

(1) The direct or higher-tier parent corporation of the owner or operator;
(2) owned by the same parent corporation as the parent corporation of the owner or operator, and receiving the following value in consideration of this guarantee _________; or
(3) engaged in the following substantial business relationship with the owner or operator ________, and receiving the following value in consideration of this guarantee ___________]. [Attach a written description of the business relationship or a copy of the contract establishing such relationship to this letter.]

The firm identified above is the owner or operator of the following facilities for which liability coverage for [insert "sudden" or "nonsudden" or "both sudden and nonsudden"] accidental occurrences is being demonstrated through the financial test specified in paragraph (8) of Rules 0400-12-01-.05 and 0400-1201-.06: __________

The firm identified above guarantees, through the guarantee specified in paragraph (8) of Rules 0400-1201-.05 and 0400-12-01-.06, liability coverage for [insert "sudden" or "nonsudden" or "both sudden and nonsudden] accidental occurrences at the following facilities owned or operated by the following: __________. The firm identified above is [insert one or more:

(1) The direct or higher-tier parent corporation of the owner or operator;
(2) owned by the same parent corporation as the parent corporation of the owner or operator, and receiving the following value in consideration of this guarantee ________; or
(3) engaged in the following substantial business relationship with the owner or operator __________, and receiving the following value in consideration of this guarantee _______]. [Attach a written description of the business relationship or a copy of the contract establishing such relationship to this letter.]

[If you are using the financial test to demonstrate coverage of both liability and costs assured under part (8)(d)5 of Rule 0400-12-01-.02 or closure or post-closure care costs under subparagraph (8)(g) of Rule 0400-12-01-.05 or 0400-12-01-.06, fill in the following nine paragraphs regarding facilities and associated cost estimates. If there are no facilities that belong in a particular paragraph, write "None" in the space indicated. For each facility, include its EPA identification number (if any issued), name, address, and current cost estimates.]

1. This firm is the owner or operator of the following facilities for which financial assurance is demonstrated through the financial test specified in paragraph (8) of Rule 0400-12-01-.02. The current cost estimates covered by the test are shown for each facility: _________.
2. This firm guarantees, through the guarantee specified in paragraph (8) of Rule 0400-12-01-.02, the following facilities owned or operated by the guaranteed party. The current cost estimates so guaranteed are shown for each facility: __________. The firm identified above is [insert one or more:
(1) The direct or higher-tier parent corporation of the owner or operator;
(2) owned by the same parent corporation as the parent corporation of the owner or operator, and receiving the following value in consideration of this guarantee ___________, or
(3) engaged in the following substantial business relationship with the owner or operator ___________, and receiving the following value in consideration of this guarantee ________]. [Attach a written description of the business relationship or a copy of the contract establishing such relationship to this letter].
3. In states other than Tennessee, this firm, as owner or operator or guarantor, is demonstrating financial assurance for the following facilities through the use of a test equivalent or substantially equivalent to the financial test specified in paragraph (8) of Rule 0400-12-01-.02. The current cost estimates covered by such a test are shown for each facility: __________.
4. This firm is the owner or operator of the following hazardous secondary materials management facilities for which financial assurance is required but has not been demonstrated either to EPA or a state through the financial test or any other financial assurance mechanism specified in paragraph (8) of Rule 0400-12-01-.02 or equivalent or substantially equivalent State mechanisms. The current cost estimates not covered by such financial assurance are shown for each facility: __________.
5. In states other than Tennessee, this firm, as owner and/or operator or guarantor, is demonstrating financial assurance to the EPA or other federal agency under federal statute or rules, or to a state under substantially equivalent state rules, for the following facilities through the use of a test equivalent or substantially equivalent to the financial test specified herein, including but not limited to hazardous waste Treatment, Storage and Disposal Facilities ("TSDF") under 40 CFR Part 265, Solid Waste Landfill ("SWLF") facilities under 40 CFR Part 264, Underground Storage Tank ("UST") facilities under 40 CFR Part 280, Underground Injection Control ("UIC") sites under 40 CFR Part 144, the decommissioning of materials facilities licensed by the Nuclear Regulatory Commission under 10 CFR Parts 30, 40, 70, and 72 ("NRC"), and CERCLA settlements under CERCLA § 108(b). The total dollar amount of such financial assurance covered by a financial test is equal, in the aggregate, to [$_________], and is shown for each facility as follows: _________.
6. This firm is the owner or operator of the following facilities for which financial assurance for closure or post-closure care is demonstrated through the financial test specified in paragraph (8) of Rules 0 40012-01-.05 and 0400-12-01-.06. The current closure and/or post-closure cost estimates covered by the test are shown for each facility: __________.
7. This firm guarantees, through the guarantee specified in paragraph (8) of Rules 0400-12-01-.05 and 0400-12-01-.06, the closure or post-closure care of the following facilities owned or operated by the guaranteed party. The current cost estimates for the closure or post-closure care so guaranteed are shown for each facility: ___________. The firm identified above is [insert one or more:
(1) The direct or higher-tier parent corporation of the owner or operator;
(2) owned by the same parent corporation as the parent corporation of the owner or operator, and receiving the following value in consideration of this guarantee __________; or
(3) engaged in the following substantial business relationship with the owner or operator ____________, and receiving the following value in consideration of this guarantee ____________].

[Attach a written description of the business relationship or a copy of the contract establishing such relationship to this letter].

8. In states other than Tennessee, this firm, as owner or operator or guarantor, is demonstrating financial assurance for the closure or post-closure care of the following facilities through the use of a test equivalent or substantially equivalent to the financial test specified in paragraph (8) of Rules 0400-12-01-.05 and 0400-12-01-.06. The current closure and/or post-closure cost estimates covered by such a test are shown for each facility: _____________.
9. This firm is the owner or operator of the following SWLF, TSDF, UST, UIC, CERCLA, or NRC facilities for which financial assurance is required but has not been demonstrated either to the EPA or other federal agency or to a state through the financial test or any other financial assurance mechanism. The total dollar amount not covered by such financial assurance is shown for each facility: ______________.

This firm [insert "is required" or "is not required"] to file a Form 10-K with the Securities and Exchange Commission (SEC) for the latest fiscal year.

The fiscal year of this firm ends on [month, day]. The figures for the following items marked with an asterisk are derived from this firm's independently audited, year-end financial statements for the latest completed fiscal year, ended [date].

Part A. Liability Coverage for Accidental Occurrences

[Fill in Alternative I if the criteria of item (h)6(i)(I) of Rule 0400-12-01-.02 are used. Fill in Alternative II if the criteria of item (h)6(i)(II) of Rule 0400-12-01-.02 are used.]

Alternative I

1. Amount of annual aggregate liability coverage to be demonstrated $ __________.
*2. Current assets $ __________.
*3. Current liabilities $ __________.
4. Net working capital (line 2 minus line 3) $ __________.
*5. Tangible net worth $ __________.
*6. If less than 90% of assets are located in the U.S., give total U.S. assets $ _____________.
7. Is line 5 at least $10 million? (Yes/No) ______.
8. Is line 4 at least 6 times line 1? (Yes/No) _______.
9. Is line 5 at least 6 times line 1? (Yes/No) ________.
*10. Are at least 90% of assets located in the U.S.? (Yes/No) ______. If not, complete line 11.
11. Is line 6 at least 6 times line 1? (Yes/No) ___________.

Alternative II

1. Amount of annual aggregate liability coverage to be demonstrated $ ____________.
2. Current bond rating of most recent issuance and name of rating service ___________.
3. Date of issuance of bond ____________.
4. Date of maturity of bond ____________.
*5. Tangible net worth $ __________.
*6. Total assets in U.S. (required only if less than 90% of assets are located in the U.S.) $ _________.
7. Is line 5 at least $10 million? (Yes/No) ___________.
8. Is line 5 at least 6 times line 1? _________.
9. Are at least 90% of assets located in the U.S.? If not, complete line 10. (Yes/No) ________.
10. Is line 6 at least 6 times line 1? _________.

[Fill in part B if you are using the financial test to demonstrate assurance of both liability coverage and costs assured under part (8)(d)5 of Rule 0400-12-01-.02 or closure or post-closure care costs under subparagraph (g) of Rule 0400-12-01-.05 or 0400-12-01-.06.]

Part B. Facility Care and Liability Coverage

[Fill in Alternative I if the criteria of item (8)(d)5(i)(I) and item (8)(h)6(i)(I) of Rule 0400-12-01-.02 are used. Fill in Alternative II if the criteria of item (8)(d)5(i)(II) and item (8)(h)6(i)(II) of Rule 0400-12-01-.02 are used.]

Alternative I

1. Sum of current cost estimates (total of all cost estimates listed above) $ __________
2. Amount of annual aggregate liability coverage to be demonstrated $ __________
3. Sum of lines 1 and 2 $ ___________
*4. Total liabilities (if any portion of your cost estimates is included in your total liabilities, you may deduct that portion from this line and add that amount to lines 5 and 6) $ ___________
*5. Tangible net worth $ ___________
*6. Net worth $ _________
*7. Current assets $ _____________
*8. Current liabilities $ _____________
9. Net working capital (line 7 minus line 8) $ _____________
*10. The sum of net income plus depreciation, depletion, and amortization $ __________
*11. Total assets in U.S. (required only if less than 90% of assets are located in the U.S.) $ ________
12. Is line 5 at least $10 million? (Yes/No) ________
13. Is line 5 at least 6 times line 3? (Yes/No) _________
14. Is line 9 at least 6 times line 3? (Yes/No) __________
*15. Are at least 90% of assets located in the U.S.? (Yes/No) If not, complete line 16. _________
16. Is line 11 at least 6 times line 3? (Yes/No) _________
17. Is line 4 divided by line 6 less than 2.0? (Yes/No) __________
18. Is line 10 divided by line 4 greater than 0.1? (Yes/No) ________
19. Is line 7 divided by line 8 greater than 1.5? (Yes/No) __________

Alternative II

1. Sum of current cost estimates (total of all cost estimates listed above) $ __________
2. Amount of annual aggregate liability coverage to be demonstrated $ ___________
3. Sum of lines 1 and 2 $ _________
4. Current bond rating of most recent issuance and name of rating service _________
5. Date of issuance of bond _____________
6. Date of maturity of bond ____________
*7. Tangible net worth (if any portion of the cost estimates is included in "total liabilities" on your financial statements you may add that portion to this line) $ __________
*8. Total assets in the U.S. (required only if less than 90% of assets are located in the U.S.) $ ________
9. Is line 7 at least $10 million? (Yes/No) _______
10. Is line 7 at least 6 times line 3? (Yes/No) _________
*11. Are at least 90% of assets located in the U.S.? (Yes/No) If not complete line 12. _______
12. Is line 8 at least 6 times line 3? (Yes/No) _________

I hereby certify that the wording of this letter is identical to the wording specified in part (8)(l)6 of Rule 0400-12-01-.02 as such rules were constituted on the date shown immediately below.

[Signature] ____________________________________

[Name] _______________________________________

[Title] ________________________________________

[Date] _____________________________________________

7.
(i) A corporate guarantee, as specified in part (d)5 of this paragraph, must be

worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Corporate Guarantee for Facility Care

Guarantee made this [date] by [name of guaranteeing entity], a business corporation organized under the laws of the state of Tennessee, herein referred to as guarantor. This guarantee is made on behalf of the [owner or operator] of [business address], which is [one of the following: "our subsidiary"; "a subsidiary of [name and address of common parent corporation], of which guarantor is a subsidiary"; or "an entity with which guarantor has a substantial business relationship, as defined in part (8)(b)9 of Rules 0400-12-01.05 and 0400-12-01-.06 " to the Tennessee Department of Environment and Conservation.

Recitals

1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting requirements for guarantors as specified in part (8)(d)5 of Rule 0400-12-01-.02.
2. [Owner or operator] owns or operates the following facility(ies) covered by this guarantee: [List for each facility: EPA Identification Number (if any issued), name, and address].
3. "Closure plans" as used below refer to the plans maintained as required by paragraph (8) of Rule 0400-12-01-.02 for the care of facilities as identified above.
4. For value received from [owner or operator], guarantor guarantees that in the event of a determination by the Commissioner that the hazardous secondary materials at the owner or operator's facility covered by this guarantee do not meet the conditions of the exclusion under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02, the guarantor will dispose of any hazardous secondary material as hazardous waste, and close the facility in accordance with closure requirements found in Rule 0400-12-01-.05 or 0400-12-01-.06, as applicable, or establish a trust fund as specified in part (8)(d)1 of Rule 0400-12-01-.02 in the name of the owner or operator in the amount of the current cost estimate.
5. Guarantor agrees that if, at the end of any fiscal year before termination of this guarantee, the guarantor fails to meet the financial test criteria, guarantor shall send within 90 days, by certified mail, notice to the Commissioner and to [owner or operator] that he intends to provide alternate financial assurance as specified in paragraph (8) of Rule 0400-12-01-.02, as applicable, in the name of [owner or operator]. Within 120 days after the end of such fiscal year, the guarantor shall establish such financial assurance unless [owner or operator] has done so.
6. The guarantor agrees to notify the Commissioner by certified mail, of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days after commencement of the proceeding.
7. Guarantor agrees that within 30 days after being notified by the Commissioner of a determination that guarantor no longer meets the financial test criteria or that he is disallowed from continuing as a guarantor, he shall establish alternate financial assurance as specified in Rule 0400-12-01-.05, Rule 0400-12-01-.06, or paragraph (8) of Rule 0400-12-01-.02, as applicable, in the name of [owner or operator] unless [owner or operator] has done so.
8. Guarantor agrees to remain bound under this guarantee notwithstanding any or all of the following: amendment or modification of the closure plan, the extension or reduction of the time of performance, or any other modification or alteration of an obligation of the owner or operator pursuant to Rule 0 40012-01-.05, Rule 0400-12-01-.06, or paragraph (8) of Rule 0400-12-01-.02.
9. Guarantor agrees to remain bound under this guarantee for as long as [owner or operator] must comply with the applicable financial assurance requirements of Rules 0400-12-01-.05 and 0400-1201-06 or the financial assurance condition of subitem (1)(d)1(xxiv)(IV)IV of Rule 0400-12-01-.02 for the above-listed facilities, except as provided in paragraph 10 of this agreement.
10. [Insert the following language if the guarantor is (a) a direct or higher-tier corporate parent, or (b) a firm whose parent corporation is also the parent corporation of the owner or operator]:

Guarantor may terminate this guarantee by sending notice by certified mail to the Commissioner and to [owner or operator], provided that this guarantee may not be terminated unless and until [the owner or operator] obtains, and the Commissioner approves, alternate coverage complying with subparagraph (8)(d) of Rule 0400-12-01-.02.

[Insert the following language if the guarantor is a firm qualifying as a guarantor due to its "substantial business relationship" with the owner or operator]

Guarantor may terminate this guarantee 120 days following the receipt of notification, through certified mail, by the Commissioner and by [the owner or operator].

11. Guarantor agrees that if [owner or operator] fails to provide alternate financial assurance as specified in Rule 0400-12-01-.05, 0400-12-01-.06, or paragraph (8) of Rule 0400-12-01-.02, as applicable, and obtain written approval of such assurance from the Commissioner within 90 days after a notice of cancellation by the guarantor is received by Commissioner from guarantor, guarantor shall provide such alternate financial assurance in the name of [owner or operator].
12. Guarantor expressly waives notice of acceptance of this guarantee by the Commissioner or by [owner or operator]. Guarantor also expressly waives notice of amendments or modifications of the closure plan and of amendments or modifications of the applicable requirements of Rule 0400-12-01-.05, 0400-12-01-.06, or paragraph (8) of Rule 0400-12-01-.02.

I hereby certify that the wording of this guarantee is identical to the wording specified in subpart (8)(l)7(i) of Rule 0400-12-01-.02 as such rules were constituted on the date first above written.

Effective date:_____________________________________

[Name of guarantor] ________________________________

[Authorized signature for guarantor] _____________________________

[Name of person signing] _____________________________________

[Title of person signing] _______________________________________

Signature of witness or notary: _________________________________

(ii) A guarantee, as specified in part (8)(h)7 of Rule 0400-12-01-.02, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Guarantee for Liability Coverage

Guarantee made this [date] by [name of guaranteeing entity], a business corporation organized under the laws of [if incorporated within the United States insert "the state of __________________" and insert name of state; if incorporated outside the United States insert the name of the country in which incorporated, the principal place of business within the United States, and the name and address of the registered agent in the state of the principal place of business], herein referred to as guarantor. This guarantee is made on behalf of [owner or operator] of [business address], which is one of the following: "our subsidiary;" "a subsidiary of [name and address of common parent corporation], of which guarantor is a subsidiary;" or "an entity with which guarantor has a substantial business relationship, as defined in [either part (8)(b)9 of Rule 0400-12-01-.05 or part (8)(b)9 of Rule 0400-12-01-.06 ], to any and all third parties who have sustained or may sustain bodily injury or property damage caused by [sudden and/or nonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee.

Recitals

1. Guarantor meets or exceeds the financial test criteria and agrees to comply with the reporting requirements for guarantors as specified in part (8)(h)7 of Rule 0400-12-01-.02.
2. [Owner or operator] owns or operates the following facility(ies) covered by this guarantee: [List for each facility:

EPA identification number (if any issued), name, and address; and if guarantor is incorporated outside the United States list the name and address of the guarantor's registered agent in each state.] This corporate guarantee satisfies the paragraph (8) of Rule 0400-12-01-.02 third-party liability requirements for [insert "sudden" or "nonsudden" or "both sudden and nonsudden"] accidental occurrences in above-named owner or operator facilities for overage in the amount of [insert dollar amount] for each occurrence and [insert dollar amount] annual aggregate.

3. For value received from [owner or operator], guarantor guarantees to any and all third parties who have sustained or may sustain bodily injury or property damage caused by [sudden and/or nonsudden] accidental occurrences arising from operations of the facility(ies) covered by this guarantee that in the event that [owner or operator] fails to satisfy a judgment or award based on a determination of liability for bodily injury or property damage to third parties caused by [sudden and/or nonsudden] accidental occurrences, arising from the operation of the above-named facilities, or fails to pay an amount agreed to in settlement of a claim arising from or alleged to arise from such injury or damage, the guarantor will satisfy such judgment(s), award(s) or settlement agreement(s) up to the limits of coverage identified above.
4. Such obligation does not apply to any of the following:
(a) Bodily injury or property damage for which [insert owner or operator] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert owner or operator] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert owner or operator] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert owner or operator] arising from, and in the course of, employment by [insert owner or operator]; or
(2) The spouse, child, parent, brother, or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert owner or operator]. This exclusion applies:
(A) Whether [insert owner or operator] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert owner or operator];
(2) Premises that are sold, given away or abandoned by [insert owner or operator] if the property damage arises out of any part of those premises;
(3) Property loaned to [insert owner or operator];
(4) Personal property in the care, custody or control of [insert owner or operator];
(5) That particular part of real property on which [insert owner or operator] or any contractors or subcontractors working directly or indirectly on behalf of [insert owner or operator] are performing operations, if the property damage arises out of these operations.
5. Guarantor agrees that if, at the end of any fiscal year before termination of this guarantee, the guarantor fails to meet the financial test criteria, guarantor shall send within 90 days, by certified mail, notice to the Commissioner and to [owner or operator] that he intends to provide alternate liability coverage as specified in subparagraph (8)(h) of Rule 0400-12-01-.02, as applicable, in the name of [owner or operator]. Within 120 days after the end of such fiscal year, the guarantor shall establish such liability coverage unless [owner or operator] has done so.
6. The guarantor agrees to notify the Commissioner by certified mail of a voluntary or involuntary proceeding under title 11 (Bankruptcy), U.S. Code, naming guarantor as debtor, within 10 days after commencement of the proceeding. Guarantor agrees that within 30 days after being notified by the Commissioner of a determination that guarantor no longer meets the financial test criteria or that he is disallowed from continuing as a guarantor, he shall establish alternate liability coverage as specified in subparagraph (8)(h) of Rule 0400-12-01-.02 in the name of [owner or operator], unless [owner or operator] has done so.
7. Guarantor reserves the right to modify this agreement to take into account amendment or modification of the liability requirements set by subparagraph (8)(h) of Rule 0400-12-01-.02, provided that such modification shall become effective only if the Commissioner does not disapprove the modification within 30 days of receipt of notification of the modification.
8. Guarantor agrees to remain bound under this guarantee for so long as [owner or operator] must comply with the applicable requirements of subparagraph (8)(h) of Rule 0400-12-01-.02 for the above-listed facility(ies), except as provided in paragraph 10 of this agreement.
9. [Insert the following language if the guarantor is (a) a direct or higher-tier corporate parent, or (b) a firm whose parent corporation is also the parent corporation of the owner or operator]:
10. Guarantor may terminate this guarantee by sending notice by certified mail to the Commissioner and to [owner or operator], provided that this guarantee may not be terminated unless and until [the owner or operator] obtains, and the Commissioner approves, alternate liability coverage complying with subparagraph (8)(h) of Rule 0400-12-01-.02.

[Insert the following language if the guarantor is a firm qualifying as a guarantor due to its "substantial business relationship" with the owner or operator]:

Guarantor may terminate this guarantee 120 days following receipt of notification, through certified mail, by the Commissioner and by [the owner or operator].

11. Guarantor hereby expressly waives notice of acceptance of this guarantee by any party.
12. Guarantor agrees that this guarantee is in addition to and does not affect any other responsibility or liability of the guarantor with respect to the covered facilities.
13. The Guarantor shall satisfy a third-party liability claim only on receipt of one of the following documents:
(a) Certification from the Principal and the third-party claimant(s) that the liability claim should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Certification of Valid Claim

The undersigned, as parties [insert Principal] and [insert name and address of third-party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Principal's] facility should be paid in the amount of $ _____.

[Signatures] _____________________________

Principal ________________________________

(Notary) Date ____________________________

[Signatures] _____________________________

Claimant(s) _____________________________

(Notary) Date ____________________________

(b) A valid final court order establishing a judgment against the Principal for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Principal's facility or group of facilities.
14. In the event of combination of this guarantee with another mechanism to meet liability requirements, this guarantee will be considered [insert "primary" or "excess"] coverage.

I hereby certify that the wording of the guarantee is identical to the wording specified in subpart (8)(l)7(ii) of Rule 0400-12-01-.02 as such rules were constituted on the date shown immediately below.

Effective date: ___________________________________

[Name of guarantor] _______________________________

[Authorized signature for guarantor] _______________________________

[Name of person signing] _______________________________________

[Title of person signing] ________________________________________

Signature of witness or notary: __________________________________

8. A hazardous waste facility liability endorsement as required in subparagraph (h) of this paragraph must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Hazardous Secondary Material Reclamation/Intermediate Facility Liability Endorsement

1. This endorsement certifies that the policy to which the endorsement is attached provides liability insurance covering bodily injury and property damage in connection with the insured's obligation to demonstrate financial responsibility under subparagraph (8)(h) of Rule 0400-12-01-.02. The coverage applies at [list EPA Identification Number (if any issued), name, and address for each facility] for [insert "sudden accidental occurrences," "nonsudden accidental occurrences," or "sudden and nonsudden accidental occurrences"; if coverage is for multiple facilities and the coverage is different for different facilities, indicate which facilities are insured for sudden accidental occurrences, which are insured for nonsudden accidental occurrences, and which are insured for both]. The limits of liability are [insert the dollar amount of the "each occurrence" and "annual aggregate" limits of the Insurer's liability], exclusive of legal defense costs.
2. The insurance afforded with respect to such occurrences is subject to all of the terms and conditions of the policy; provided, however, that any provisions of the policy inconsistent with subsections (a) through (e) of this Paragraph 2 are hereby amended to conform with subsections (a) through (e):
(a) Bankruptcy or insolvency of the insured shall not relieve the Insurer of its obligations under the policy to which this endorsement is attached.
(b) The Insurer is liable for the payment of amounts within any deductible applicable to the policy, with a right of reimbursement by the insured for any such payment made by the Insurer. This provision does not apply with respect to that amount of any deductible for which coverage is demonstrated as specified in part (8)(h)6 of Rule 0400-12-01-.02.
(c) Whenever requested by the Commissioner of the Tennessee Department of Environment and Conservation, the Insurer agrees to furnish to the Commissioner a signed duplicate original of the policy and all endorsements.
(d) Cancellation of this endorsement or the policy, whether by the Insurer, the insured, a parent corporation providing insurance coverage for its subsidiary, or by a firm having an insurable interest in and obtaining liability insurance on behalf of the owner or operator of the facility, will be effective only upon written notice and only after the expiration of 60 days after a copy of such written notice is received by the Commissioner.
(e) Any other termination of this endorsement or the policy will be effective only upon written notice and only after the expiration of 30 days after a copy of such written notice is received by the Commissioner.

Attached to and forming part of policy No. _______ issued by [name of Insurer], herein called the Insurer,

of [address of Insurer] to [name of insured] of [address] this __________ day of _________, _______.

The effective date of said policy is ______ day of ______________, _______.

I hereby certify that the wording of this endorsement is identical to the wording specified in part (8)(l)8 of Rule 0400-12-01-.02 as such rule was constituted on the date first above written, and that the Insurer is licensed to transact the business of insurance, or eligible to provide insurance as an excess or surplus lines insurer in Tennessee.

[Signature of Authorized Representative of Insurer] ______________________________________

[Type name] __________________________________________

[Title], Authorized Representative of [name of Insurer] _____________________________________

[Address of Representative] _________________________________________________________

9. A letter of credit, as specified in part (h)8 of this paragraph, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Irrevocable Standby Letter of Credit

Name and Address of Issuing Institution ______________________________________

Commissioner ___________________________

Tennessee Department of Environment and Conservation

Dear Sir or Madam: We hereby establish our Irrevocable Standby Letter of Credit No. ____________ in the favor of ["any and all third-party liability claimants"], at the request and for the account of [owner or operator's name and address] for third-party liability awards or settlements up to [in words] U.S. dollars $ _____________ per occurrence and the annual aggregate amount of [in words] U.S. dollars $ __________, for sudden accidental occurrences and/or for third-party liability awards or settlements up to the amount of [in words] U.S. dollars $ _____________ per occurrence, and the annual aggregate amount of [in words] U.S. dollars $ _____________, for nonsudden accidental occurrences available upon presentation of a sight draft bearing reference to this letter of credit No. ___________, and (1) a signed certificate reading as follows:

Certificate of Valid Claim

The undersigned, as parties [insert principal] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operations of [principal's] facility should be paid in the amount of $[ ]. We hereby certify that the claim does not apply to any of the following:

(a) Bodily injury or property damage for which [insert principal] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert principal] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert principal] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert principal] arising from, and in the course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert principal]. This exclusion applies:
(A) Whether [insert principal] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert principal];
(2) Premises that are sold, given away or abandoned by [insert principal] if the property damage arises out of any part of those premises;
(3) Property loaned to [insert principal];
(4) Personal property in the care, custody or control of [insert principal];
(5) That particular part of real property on which [insert principal] or any contractors or subcontractors working directly or indirectly on behalf of [insert principal] are performing operations, if the property damage arises out of these operations.

[Signatures] ____________________________________

Grantor _______________________________________

[Signatures] ___________________________________

Claimant(s) ____________________________________

or (2) a valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor's facility or group of facilities.

This letter of credit is effective as of [date] and shall expire on [date at least one year later], but such expiration date shall be automatically extended for a period of [at least one year] on [date and on each successive expiration date, unless, at least 120 days before the current expiration date, we notify you, the Commissioner of the Tennessee Department of Environment and Conservation, and [owner's or operator's name] by certified mail that we have decided not to extend this letter of credit beyond the current expiration date.

Whenever this letter of credit is drawn on under and in compliance with the terms of this credit, we shall duly honor such draft upon presentation to us.

In the event that this letter of credit is used in combination with another mechanism for liability coverage, this letter of credit shall be considered [insert "primary" or "excess" coverage].

We certify that the wording of this letter of credit is identical to the wording specified in part (8)(l)9 of Rule 0400-12-01-.02 as such rules were constituted on the date shown immediately below.

[Signature(s) and title(s) of official(s) of issuing institution]

[Date].

This credit is subject to [insert "the most recent edition of the Uniform Customs and Practice for Documentary Credits, published and copyrighted by the International Chamber of Commerce," or "the Uniform Commercial Code"].

10. A surety bond, as specified in part (h)9 of this paragraph, must be worded as follows: except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Payment Bond

Surety Bond No. [Insert number]

Parties [Insert name and address of owner or operator],

Principal, incorporated in [Insert State of incorporation] of [Insert city and State of principal place of business] and [Insert name and address of surety company(ies)], Surety Company(ies), of [Insert surety(ies) place of business].

EPA Identification Number (if any issued), name, and address for each facility guaranteed by this bond:

Nonsudden accidental occurrence

Sudden accidental occurrences

Penal Sum Per Occurrence

[Insert amount]

[Insert amount]

Annual Aggregate

[Insert amount]

[Insert amount]

Purpose: This is an agreement between the Surety(ies) and the Principal under which the Surety(ies), its(their) successors and assignees, agree to be responsible for the payment of claims against the Principal for bodily injury and/or property damage to third parties caused by ["sudden" and/or "nonsudden"] accidental occurrences arising from operations of the facility or group of facilities in the sums prescribed herein; subject to the governing provisions and the following conditions.

Governing Provisions:

(1) Tennessee Hazardous Waste Management Act, as amended.
(2) Rule Chapter 0400-12-01, particularly Rule 0400-12-01-.05, Rule 0400-12-01-.06, and paragraph (8) of Rule 0400-12-01-.02 (if applicable).

Conditions:

(1) The Principal is subject to the applicable governing provisions that require the Principal to have and maintain liability coverage for bodily injury and property damage to third parties caused by ["sudden" and/or "nonsudden"] accidental occurrences arising from operations of the facility or group of facilities. Such obligation does not apply to any of the following:
(a) Bodily injury or property damage for which [insert Principal] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert Principal] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert Principal] under a workers' compensation, disability benefits, or unemployment compensation law or similar law.
(c) Bodily injury to:
(1) An employee of [insert Principal] arising from, and in the course of, employment by [insert principal]; or
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert Principal]. This exclusion applies:
(A) Whether [insert Principal] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert Principal];
(2) Premises that are sold, given away or abandoned by [insert Principal] if the property damage arises out of any part of those premises;
(3) Property loaned to [insert Principal];
(4) Personal property in the care, custody or control of [insert Principal];
(5) That particular part of real property on which [insert Principal] or any contractors or subcontractors working directly or indirectly on behalf of [insert Principal] are performing operations, if the property damage arises out of these operations.
(2) This bond assures that the Principal will satisfy valid third party liability claims, as described in condition (1).
(3) If the Principal fails to satisfy a valid third party liability claim, as described above, the Surety(ies) becomes liable on this bond obligation.
(4) The Surety(ies) shall satisfy a third party liability claim only upon the receipt of one of the following documents:
(a) Certification from the Principal and the third party claimant(s) that the liability claim should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Certification of Valid Claim

The undersigned, as parties [insert name of Principal] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Principal's] facility should be paid in the amount of $[ ].

[Signature] _________________________

Principal ___________________________

[Notary] Date _______________________

[Signature(s)] _______________________

Claimant(s) ___________________________

[Notary] Date _________________________

or

(b) A valid final court order establishing a judgment against the Principal for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Principal's facility or group of facilities.
(5) In the event of combination of this bond with another mechanism for liability coverage, this bond will be considered [insert "primary" or "excess"] coverage.
(6) The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond. In no event shall the obligation of the Surety(ies) hereunder exceed the amount of said annual aggregate penal sum, provided that the Surety(ies) furnish(es) notice to the Commissioner of the Tennessee Department of Environment and Conservation forthwith of all claims filed and payments made by the Surety(ies) under this bond.
(7) The Surety(ies) may cancel the bond by sending notice of cancellation by certified mail to the Principal and the Commissioner of the Tennessee Department of Environment and Conservation, provided, however, that cancellation shall not occur during the 120 days beginning on the date of receipt of the notice of cancellation by the Principal and the Commissioner, as evidenced by the return receipt.
(8) The Principal may terminate this bond by sending written notice to the Surety(ies) and to the Commissioner.
(9) The Surety(ies) hereby waive(s) notification of amendments to applicable laws, statutes, rules and regulations and agree(s) that no such amendment shall in any way alleviate its (their) obligation on this bond.
(10) This bond is effective from [insert date] (12:01 a.m., standard time, at the address of the Principal as stated herein) and shall continue in force until terminated as described above.

In Witness Whereof, the Principal and Surety(ies) have executed this Bond and have affixed their seals on the date set forth above.

The persons whose signatures appear below hereby certify that they are authorized to execute this surety bond on behalf of the Principal and Surety(ies) and that the wording of this surety bond is identical to the wording specified in part (8)(l)10 of Rule 0400-12-01-.02, as such rules were constituted on the date this bond was executed.

PRINCIPAL

[Signature(s)]

[Name(s)]

[Title(s)]

[Corporate Seal]

CORPORATE SURETY[IES]

[Name and address]

State of incorporation:_______________________________

Liability Limit: $ ____________________________________

[Signature(s)]

[Name(s) and title(s)]

[Corporate seal]

[For every co-surety, provide signature(s), corporate seal, and other information in the same manner as for Surety above.]

Bond premium: $ _________________________________

11.
(i) A trust agreement, as specified in part (h)10 of this paragraph, must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Trust Agreement

Trust Agreement, the "Agreement," entered into as of [date] by and between [name of the owner or operator] a [name of state] [insert "corporation," "partnership," "association," or "proprietorship"], the "Grantor," and [name of corporate trustee], [insert, "incorporated in the state of ______________" or "a national bank"], the "Trustee."

Whereas, the Underground Storage Tanks and Solid Waste Disposal Control Board, an agency of the State of Tennessee, has established certain regulations applicable to the Grantor, requiring that an owner or operator must demonstrate financial responsibility for bodily injury and property damage to third parties caused by sudden accidental and/or nonsudden accidental occurrences arising from operations of the facility or group of facilities.

Whereas, the Grantor has elected to establish a trust to assure all or part of such financial responsibility for the facilities identified herein.

Whereas, the Grantor, acting through its duly authorized officers, has selected the Trustee to be the trustee under this agreement, and the Trustee is willing to act as trustee.

Now, therefore, the Grantor and the Trustee agree as follows:

Section 1. Definitions.

As used in this Agreement:

(a) The term "Grantor" means the owner or operator who enters into this Agreement and any successors or assigns of the Grantor.
(b) The term "Trustee" means the Trustee who enters into this Agreement and any successor Trustee.
Section 2. Identification of Facilities.

This agreement pertains to the facilities identified on attached schedule A [on schedule A, for each facility list the EPA Identification Number (if any issued), name, and address of the facility(ies) and the amount of liability coverage, or portions thereof, if more than one instrument affords combined coverage as demonstrated by this Agreement].

Section 3. Establishment of Fund.

The Grantor and the Trustee hereby establish a trust fund, hereinafter the "Fund," for the benefit of any and all third parties injured or damaged by [sudden and/or nonsudden] accidental occurrences arising from operation of the facility(ies) covered by this guarantee, in the amounts of _________ [up to $1 million] per occurrence and [up to $2 million] annual aggregate for sudden accidental occurrences and ______ [up to $3 million] per occurrence and __________ [up to $6 million] annual aggregate for nonsudden occurrences, except that the Fund is not established for the benefit of third parties for the following:

(a) Bodily injury or property damage for which [insert Grantor] is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that [insert Grantor] would be obligated to pay in the absence of the contract or agreement.
(b) Any obligation of [insert Grantor] under a workers' compensation, disability benefits, or unemployment compensation law or any similar law.
(c) Bodily injury to:
(1) An employee of [insert Grantor] arising from, and in the course of, employment by [insert Grantor]; or
(2) The spouse, child, parent, brother or sister of that employee as a consequence of, or arising from, and in the course of employment by [insert Grantor]. This exclusion applies:
(A) Whether [insert Grantor] may be liable as an employer or in any other capacity; and
(B) To any obligation to share damages with or repay another person who must pay damages because of the injury to persons identified in paragraphs (1) and (2).
(d) Bodily injury or property damage arising out of the ownership, maintenance, use, or entrustment to others of any aircraft, motor vehicle or watercraft.
(e) Property damage to:
(1) Any property owned, rented, or occupied by [insert Grantor];
(2) Premises that are sold, given away or abandoned by [insert Grantor] if the property damage arises out of any part of those premises;
(3) Property loaned to [insert Grantor];
(4) Personal property in the care, custody or control of [insert Grantor];
(5) That particular part of real property on which [insert Grantor] or any contractors or subcontractors working directly or indirectly on behalf of [insert Grantor] are performing operations, if the property damage arises out of these operations.

In the event of combination with another mechanism for liability coverage, the Fund shall be considered [insert "primary" or "excess"] coverage.

The Fund is established initially as consisting of the property, which is acceptable to the Trustee, described in Schedule B attached hereto. Such property and any other property subsequently transferred to the Trustee is referred to as the Fund, together with all earnings and profits thereon, less any payments or distributions made by the Trustee pursuant to this Agreement. The Fund shall be held by the Trustee, IN TRUST, as hereinafter provided. The Trustee shall not be responsible nor shall it undertake any responsibility for the amount or adequacy of, nor any duty to collect from the Grantor, any payments necessary to discharge any liabilities of the Grantor established by the Department.

Section 4. Payment for Bodily Injury or Property Damage.

The Trustee shall satisfy a third party liability claim by making payments from the Fund only upon receipt of one of the following documents;

(a) Certification from the Grantor and the third party claimant(s) that the liability claim should be paid. The certification must be worded as follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Certification of Valid Claim

The undersigned, as parties [insert Grantor] and [insert name and address of third party claimant(s)], hereby certify that the claim of bodily injury and/or property damage caused by a [sudden or nonsudden] accidental occurrence arising from operating [Grantor's] facility or group of facilities should be paid in the amount of $[ ].

[Signatures]

Grantor

[Signatures]

Claimant(s)

(b) A valid final court order establishing a judgment against the Grantor for bodily injury or property damage caused by sudden or nonsudden accidental occurrences arising from the operation of the Grantor's facility or group of facilities.
Section 5. Payments Comprising the Fund.

Payments made to the Trustee for the Fund shall consist of cash or securities acceptable to the Trustee.

Section 6. Trustee Management.

The Trustee shall invest and reinvest the principal and income, in accordance with general investment policies and guidelines which the Grantor may communicate in writing to the Trustee from time to time, subject, however, to the provisions of this section. In investing, reinvesting, exchanging, selling, and managing the Fund, the Trustee shall discharge his duties with respect to the trust fund solely in the interest of the beneficiary and with the care, skill, prudence, and diligence under the circumstance then prevailing which persons of prudence, acting in a like capacity and familiar with such matters, would use in the conduct of an enterprise of a like character and with like aims; except that:

(i) Securities or other obligations of the Grantor, or any other owner or operator of the facilities, or any of their affiliates as defined in the Investment Company Act of 1940, as amended, 15 U.S.C. 80a-2.(a), shall not be acquired or held unless they are securities or other obligations of the Federal or a state government;
(ii) The Trustee is authorized to invest the Fund in time or demand deposits of the Trustee, to the extent insured by an agency of the Federal or a state government; and
(iii) The Trustee is authorized to hold cash awaiting investment or distribution uninvested for a reasonable time and without liability for the payment of interest thereon.
Section 7. Commingling and Investment.

The Trustee is expressly authorized in its discretion:

(a) To transfer from time to time any or all of the assets of the Fund to any common commingled, or collective trust fund created by the Trustee in which the fund is eligible to participate, subject to all of the provisions thereof, to be commingled with the assets of other trusts participating therein; and
(b) To purchase shares in any investment company registered under the Investment Company Act of 1940, 15 U.S.C. 81a-1 et seq., including one which may be created, managed, underwritten, or to which investment advice is rendered or the shares of which are sold by the Trustee. The Trustee may vote such shares in its discretion.
Section 8. Express Powers of Trustee.

Without in any way limiting the powers and discretions conferred upon the Trustee by the other provisions of this Agreement or by law, the Trustee is expressly authorized and empowered:

(a) To sell, exchange, convey, transfer, or otherwise dispose of any property held by it, by public or private sale. No person dealing with the Trustee shall be bound to see to the application of the purchase money or to inquire into the validity or expediency of any such sale or other disposition;
(b) To make, execute, acknowledge, and deliver any and all documents of transfer and conveyance and any and all other instruments that may be necessary or appropriate to carry out the powers herein granted;
(c) To register any securities held in the Fund in its own name or in the name of a nominee and to hold any security in bearer form or in book entry, or to combine certificates representing such securities with certificates of the same issue held by the Trustee in other fiduciary capacities, or to deposit or arrange for the deposit of such securities in a qualified central depository even though, when so deposited, such securities may be merged and held in bulk in the name of the nominee of such depository with other securities deposited therein by another person, or to deposit or arrange for the deposit of any securities issued by the United States Government, or any agency or instrumentality thereof, with a Federal Reserve bank, but the books and records of the Trustee shall at all times show that all such securities are part of the Fund;
(d) To deposit any cash in the Fund in interest-bearing accounts maintained or savings certificates issued by the Trustee, in its separate corporate capacity, or in any other banking institution affiliated with the Trustee, to the extent insured by an agency of the Federal or a state government; and
(e) To compromise or otherwise adjust all claims in favor of or against the Fund.
Section 9. Taxes and Expenses.

All taxes of any kind that may be assessed or levied against or in respect of the Fund and all brokerage commissions incurred by the Fund shall be paid from the Fund. All other expenses incurred by the Trustee in connection with the administration of this Trust, including fees for legal services rendered to the Trustee, the compensation of the Trustee to the extent not paid directly by the Grantor, and all other proper charges and disbursements of the Trustee shall be paid from the Fund.

Section 10. Annual Valuations.

The Trustee shall annually, at least 30 days prior to the anniversary date of establishment of the Fund, furnish to the Grantor and to the Commissioner of the Tennessee Department of Environment and Conservation a statement confirming the value of the Trust. Any securities in the Fund shall be valued at market value as of no more than 60 days prior to the anniversary date of establishment of the Fund. The failure of the Grantor to object in writing to the Trustee within 90 days after the statement has been furnished to the Grantor and the Commissioner shall constitute a conclusively binding assent by the Grantor barring the Grantor from asserting any claim or liability against the Trustee with respect to matters disclosed in the statement.

Section 11. Advice of Counsel.

The Trustee may from time to time consult with counsel, who may be counsel to the Grantor with respect to any question arising as to the construction of this Agreement or any action to be taken hereunder. The Trustee shall be fully protected, to the extent permitted by law, in acting upon the advice of counsel.

Section 12. Trustee Compensation.

The Trustee shall be entitled to reasonable compensation for its services as agreed upon in writing from time to time with the Grantor.

Section 13. Successor Trustee.

The Trustee may resign or the Grantor may replace the Trustee, but such resignation or replacement shall not be effective until the Grantor has appointed a successor trustee and this successor accepts the appointment. The successor trustee shall have the same powers and duties as those conferred upon the Trustee hereunder. Upon the successor trustee's acceptance of the appointment, the Trustee shall assign, transfer, and pay over to the successor trustee the funds and properties then constituting the Fund. If for any reason the Grantor cannot or does not act in the event of the resignation of the Trustee, the Trustee may apply to a court of competent jurisdiction for the appointment of a successor trustee or for instructions. The successor trustee shall specify the date on which it assumes administration of the trust in a writing sent to the Grantor, the Commissioner of the Tennessee Department of Environment and Conservation, and the present Trustee by certified mail 10 days before such change becomes effective. Any expenses incurred by the Trustee as a result of any of the acts contemplated by this section shall be paid as provided in Section 9.

Section 14. Instructions to the Trustee.

All orders, requests, and instructions by the Grantor to the Trustee shall be in writing, signed by such persons as are designated in the attached Exhibit A or such other designees as the Grantor may designate by amendments to Exhibit A. The Trustee shall be fully protected in acting without inquiry in accordance with the Grantor's orders, requests, and instructions. All orders, requests, and instructions by the Commissioner of the Tennessee Department of Environment and Conservation to the Trustee shall be in writing, signed by the Commissioner, or designee, and the Trustee shall act and shall be fully protected in acting in accordance with such orders, requests, and instructions. The Trustee shall have the right to assume, in the absence of written notice to the contrary, that no event constituting a change or a termination of the authority of any person to act on behalf of the Grantor or the Tennessee Department of Environment and Conservation hereunder has occurred. The Trustee shall have no duty to act in the absence of such orders, requests, and instructions from the Grantor and/or the Commissioner of the Tennessee Department of Environment and Conservation, except as provided for herein.

Section 15. Notice of Nonpayment.

If a payment for bodily injury or property damage is made under Section 4 of this trust, the Trustee shall notify the Grantor of such payment and the amount(s) thereof within 5 working days. The Grantor shall, on or before the anniversary date of the establishment of the Fund following such notice, either make payments to the Trustee in amounts sufficient to cause the trust to return to its value immediately prior to the payment of claims under Section 4, or shall provide written proof to the Trustee that other financial assurance for liability coverage has been obtained equaling the amount necessary to return the trust to its value prior to the payment of claims. If the Grantor does not either make payments to the Trustee or provide the Trustee with such proof, the Trustee shall within 10 working days after the anniversary date of the establishment of the Fund provide a written notice of nonpayment to the Commissioner.

Section 16. Amendment of Agreement.

This Agreement may be amended by an instrument in writing executed by the Grantor, the Trustee, and the Commissioner of the Tennessee Department of Environment and Conservation, or by the Trustee and the Commissioner if the Grantor ceases to exist.

Section 17. Irrevocability and Termination.

Subject to the right of the parties to amend this Agreement as provided in Section 16, this Trust shall be irrevocable and shall continue until terminated at the written agreement of the Grantor, the Trustee, and the Commissioner of the Tennessee Department of Environment and Conservation, or by the Trustee and the Commissioner, if the Grantor ceases to exist. Upon termination of the Trust, all remaining trust property, less final trust administration expenses, shall be delivered to the Grantor.

The Commissioner of the Tennessee Department of Environment and Conservation will agree to termination of the Trust when the owner or operator substitutes alternate financial assurance as specified in this section.

Section 18. Immunity and Indemnification.

The Trustee shall not incur personal liability of any nature in connection with any act or omission, made in good faith, in the administration of this Trust, or in carrying out any directions by the Grantor or the Commissioner of the Tennessee Department of Environment and Conservation issued in accordance with this Agreement. The Trustee shall be indemnified and saved harmless by the Grantor or from the Trust Fund, or both, from and against any personal liability to which the Trustee may be subjected by reason of any act or conduct in its official capacity, including all expenses reasonably incurred in its defense in the event the Grantor fails to provide such defense.

Section 19. Choice of Law.

This Agreement shall be administered, construed, and enforced according to the laws of the state of [enter name of state].

Section 20. Interpretation.

As used in this Agreement, words in the singular include the plural and words in the plural include the singular. The descriptive headings for each section of this Agreement shall not affect the interpretation or the legal efficacy of this Agreement.

In Witness Whereof the parties have caused this Agreement to be executed by their respective officers duly authorized and their corporate seals to be hereunto affixed and attested as of the date first above written. The parties below certify that the wording of this Agreement is identical to the wording specified in part (8)(l)11 of Rule 0400-12-01-.02 as such regulations were constituted on the date first above written.

[Signature of Grantor]

[Title]

Attest:

[Title]

[Seal]

[Signature of Trustee]

Attest:

[Title]

[Seal]

(ii) The following is an example of the certification of acknowledgement which must accompany the trust agreement for a trust fund as specified in part (h)10 of this paragraph.

State of _______________________ County of _____________________

On this [date], before me personally came [owner or operator] to me known, who, being by me duly sworn, did depose and say that she/he resides at [address], that she/he is [title] of [corporation], the corporation described in and which executed the above instrument; that she/he knows the seal of said corporation; that the seal affixed to such instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation, and that she/he signed her/ his name thereto by like order.

[Signature of Notary Public]

12. Reserved
13.
(i) A personal bond supported by certificate of deposit, as specified in part 6 of this paragraph, shall include the following information and use the language provided in subpart (ii) of this part:
(I) Effective date;
(II) Principal (legal name and address of owner/operator);
(III) Type of organization (insert "individual," "joint venture," "partnership" or "corporation");
(IV) State of incorporation;
(V) Permit number;
(VI) Name and address of facility;
(VII) Total penal sum of the bond;
(VIII) Name and address of the financial institution issuing the certificate of deposit; and
(IX) Serial number(s) of certificate of deposit.
(ii) The personal bond must use the language that follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Personal Bond

Know All Persons By These Presents, That I, the Principal am firmly bound to the Tennessee Department of Environment and Conservation in the event that the hazardous secondary materials at the reclamation or intermediate facility listed below no longer meet the conditions of the exclusion under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02, in the above penal sum for the payment of which I bind myself, my heirs, executors, administrators, successors, and assigns jointly and severally for the payment of the full amount of the penal sum.

Whereas said Principal is required, under the Tennessee Hazardous Waste Management Act, to have a permit or interim status in order to own or operate each facility identified above, or to meet conditions under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02; and

Whereas said Principal is required to provide financial assurance as a condition of permit or interim status or as a condition of an exclusion under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02;

Now, Therefore, the conditions of the obligation are such that if the Principal shall faithfully satisfy all the conditions established for exclusion of hazardous secondary materials from coverage as solid waste under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02,

Or, if the Principal shall provide alternate financial assurance, as specified in paragraph (8) of Rule 0 40012-01-.02, as applicable, and obtain the Commissioner's written approval of such assurance, then this obligation shall be null and void; otherwise it is to remain in full force and effect.

The Principal shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by the Commissioner that the Principal has failed to perform as guaranteed by this bond, the Principal shall forfeit all or a portion of the penal sum of this bond to the Department.

The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.

The Principal has this day irrevocably assigned the deposit to the Department and has submitted to the Department the original of Certificate of Deposit #_______________________ or an original safekeeping receipt of the deposit.

The person whose signature appears below hereby certifies that he/she is authorized to execute this surety bond on behalf of the Principal and that the wording of this surety bond is identical to the wording specified in Rule 0400-12-01-.02(8)(l) 13(ii) as such rules were constituted on the date this bond was executed.

Principal

[Signature(s)]

____________________

[Name(s)]

___________________

[Title(s)]

_____________________

Subscribed and sworn to before me this the _____________ day of __________________, 20_____.

Notary Public

My commission expires on the _________________ day of ________________________, 20_____.

14.
(i) A personal bond supported by cash, as specified in part 7 of this paragraph, shall include the following information and use the language provided in subpart (ii) of this part:
(I) Effective date;
(II) Principal (legal name and address of owner/operator);
(III) Type of organization (insert "individual," "joint venture," "partnership" or "corporation");
(IV) State of incorporation;
(V) Permit number;
(VI) Name and address of facility;
(VII) Total penal sum of the bond;
(ii) The personal bond must use the language that follows, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted:

Personal Bond

Know All Persons By These Presents, That I, the Principal am firmly bound to the Tennessee Department of Environment and Conservation in the event that the hazardous secondary materials at the reclamation or intermediate facility listed below no longer meet the conditions of the exclusion under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02, in the above penal sum for the payment of which I bind myself, my heirs, executors, administrators, successors, and assigns jointly and severally for the payment of the full amount of the penal sum.

Whereas said Principal is required, under the Tennessee Hazardous Waste Management Act, to have a permit or interim status in order to own or operate each facility identified above, or to meet conditions under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02, and

Whereas said Principal is required to provide financial assurance as a condition of permit or interim status or as a condition of an exclusion under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02;

Now, Therefore, the conditions of the obligation are such that if the Principal shall faithfully satisfy all the conditions established for exclusion of hazardous secondary materials from coverage as solid waste under subpart (1)(d)1(xxiv) of Rule 0400-12-01-.02,

Or, if the Principal shall provide alternate financial assurance, as specified in paragraph (8) of Rule 0 40012-01-.02, as applicable, and obtain the Commissioner's written approval of such assurance, then this obligation shall be null and void; otherwise it is to remain in full force and effect.

The Principal shall become liable on this bond obligation only when the Principal has failed to fulfill the conditions described above. Upon notification by the Commissioner that the Principal has failed to perform as guaranteed by this bond, the Principal shall forfeit all or a portion of the penal sum of this bond to the Department.

The liability of the Surety(ies) shall not be discharged by any payment or succession of payments hereunder, unless and until such payment or payments shall amount in the aggregate to the penal sum of the bond, but in no event shall the obligation of the Surety(ies) hereunder exceed the amount of said penal sum.

The Principal has this day deposited funds equal to the penal sum of the bond with the treasurer of the state of Tennessee in support of this personal bond.

The person whose signature appears below hereby certifies that he/she is authorized to execute this surety bond on behalf of the Principal and that the wording of this surety bond is identical to the wording specified in Rule 0400-12-01-.02(8)(l) 14(ii) as such rules were constituted on the date this bond was executed.

Principal

[Signature(s)]

__________________________

[Name(s)]

__________________________

[Title(s)]

__________________________

Subscribed and sworn to before me this the _____________ day of __________________, 20_____.

__________________________

Notary Public

My commission expires on the _________________ day of ________________________, 20_____.

(9) Use and Management of Containers [ 40 CFR 261 Subpart I]
(a) Applicability [ 40 CFR 261.170 ]

This paragraph applies to hazardous secondary materials excluded under the remanufacturing exclusion at subpart (1)(d)1(xxvii) of this rule and stored in containers.

(b) Condition of containers [ 40 CFR 261.171 ]

If a container holding hazardous secondary material is not in good condition (e.g., severe rusting, apparent structural defects) or if it begins to leak, the hazardous secondary material must be transferred from this container to a container that is in good condition or managed in some other way that complies with the requirements of this rule.

(c) Compatibility of hazardous secondary materials with containers [ 40 CFR 261.172 ]

The container must be made of or lined with materials which will not react with, and are otherwise compatible with, the hazardous secondary material to be stored, so that the ability of the container to contain the material is not impaired.

(d) Management of containers [ 40 CFR 261.173 ]
1. A container holding hazardous secondary material must always be closed during storage, except when it is necessary to add or remove the hazardous secondary material.
2. A container holding hazardous secondary material must not be opened, handled, or stored in a manner which may rupture the container or cause it to leak.
(e) Reserved
(f) Containment [ 40 CFR 261.175 ]
1. Container storage areas must have a containment system that is designed and operated in accordance with part 2 of this subparagraph.
2. A containment system must be designed and operated as follows:
(i) A base must underlie the containers which is free of cracks or gaps and is sufficiently impervious to contain leaks, spills, and accumulated precipitation until the collected material is detected and removed;
(ii) The base must be sloped or the containment system must be otherwise designed and operated to drain and remove liquids resulting from leaks, spills, or precipitation, unless the containers are elevated or are otherwise protected from contact with accumulated liquids;
(iii) The containment system must have sufficient capacity to contain 10% of the volume of containers or the volume of the largest container, whichever is greater;
(iv) Run-on into the containment system must be prevented unless the collection system has sufficient excess capacity in addition to that required in subpart (iii) of part to contain any run-on which might enter the system; and
(v) Spilled or leaked material and accumulated precipitation must be removed from the sump or collection area in as timely a manner as is necessary to prevent overflow of the collection system.
(g) Special requirements for ignitable or reactive hazardous secondary material [ 40 CFR 261.176 ]

Containers holding ignitable or reactive hazardous secondary material must be located at least 15 meters (50 feet) from the facility's property line.

(h) Special requirements for incompatible materials [ 40 CFR 261.177 ]
1. Incompatible materials must not be placed in the same container.
2. Hazardous secondary material must not be placed in an unwashed container that previously held an incompatible material.
3. A storage container holding a hazardous secondary material that is incompatible with any other materials stored nearby must be separated from the other materials or protected from them by means of a dike, berm, wall, or other device.
(i) Reserved
(j) Air emission standards [ 40 CFR 261.179 ]

The remanufacturer or other person that stores or treats the hazardous secondary material shall manage all hazardous secondary material placed in a container in accordance with the applicable requirements of paragraphs (27), (28) and (29) of this rule.

(10) Tank Systems [ 40 CFR 261 Subpart J]
(a) Applicability [ 40 CFR 261.190 ]
1. The requirements of this paragraph apply to tank systems for storing or treating hazardous secondary material excluded under the remanufacturing exclusion at subpart (1)(d)1(xxvii) of this rule.
2. Tank systems, including sumps, as defined in subparagraph (2)(a) of Rule 0 40012-01-.01, that serve as part of a secondary containment system to collect or contain releases of hazardous secondary materials are exempted from the requirements in part (d)1 of this paragraph.
(b) Assessment of existing tank system's integrity [ 40 CFR 261.191 ]
1. Tank systems must meet the secondary containment requirements of subparagraph (d) of this paragraph, or the remanufacturer or other person that handles the hazardous secondary material must determine that the tank system is not leaking and is fit for use. Except as provided in part 3 of the subparagraph, a written assessment reviewed and certified by a qualified Professional Engineer must be kept on file at the remanufacturer's facility or other facility that stores or treats the hazardous secondary material that attests to the tank system's integrity.
2. This assessment must determine that the tank system is adequately designed and has sufficient structural strength and compatibility with the material(s) to be stored or treated, to ensure that it will not collapse, rupture, or fail. At a minimum, this assessment must consider the following:
(i) Design standard(s), if available, according to which the tank and ancillary equipment were constructed;
(ii) Hazardous characteristics of the material(s) that have been and will be handled;
(iii) Existing corrosion protection measures;
(iv) Documented age of the tank system, if available (otherwise, an estimate of the age); and
(v) Results of a leak test, internal inspection, or other tank integrity examination such that:
(I) For non-enterable underground tanks, the assessment must include a leak test that is capable of taking into account the effects of temperature variations, tank end deflection, vapor pockets, and high water table effects; and
(II) For other than non-enterable underground tanks and for ancillary equipment, this assessment must include either a leak test, as described in item (I) of this subpart, or other integrity examination that is certified by a qualified Professional Engineer that addresses cracks, leaks, corrosion, and erosion.

(Note: The practices described in the American Petroleum Institute (API) Publication, Guide for Inspection of Refinery Equipment, Chapter XIII, "Atmospheric and Low-Pressure Storage Tanks," 4th edition, 1981, may be used, where applicable, as guidelines in conducting other than a leak test.)

3. If, as a result of the assessment conducted in accordance with part 1 of this subparagraph, a tank system is found to be leaking or unfit for use, the remanufacturer or other person that stores or treats the hazardous secondary material must comply with the requirements of subparagraph (g) of this paragraph.
(c) Reserved [ 40 CFR 261.192 ]
(d) Containment and detection of releases [ 40 CFR 261.193 ]
1. Secondary containment systems must be:
(i) Designed, installed, and operated to prevent any migration of materials or accumulated liquid out of the system to the soil, ground water, or surface water at any time during the use of the tank system; and
(ii) Capable of detecting and collecting releases and accumulated liquids until the collected material is removed.

(Note: If the collected material is a hazardous waste under this rule, it is subject to management as a hazardous waste in accordance with all applicable requirements of Rule 0400-12-01-.03 through Rule 0400-12-01-.10. If the collected material is discharged through a point source to waters of the United States, it is subject to the requirements of Tennessee Water Quality Control Act, as amended. If discharged to a Publicly Owned Treatment Works (POTW), it is subject to the requirements of the Tennessee Water Quality Control Act, as amended. If the collected material is released to the environment, it may be subject to the reporting requirements of 40 CFR part 302.)

2. To meet the requirements of part 1 of this subparagraph, secondary containment systems must be at a minimum:
(i) Constructed of or lined with materials that are compatible with the materials(s) to be placed in the tank system and must have sufficient strength and thickness to prevent failure owing to pressure gradients (including static head and external hydrological forces), physical contact with the material to which it is exposed, climatic conditions, and the stress of daily operation (including stresses from nearby vehicular traffic);
(ii) Placed on a foundation or base capable of providing support to the secondary containment system, resistance to pressure gradients above and below the system, and capable of preventing failure due to settlement, compression, or uplift;
(iii) Provided with a leak-detection system that is designed and operated so that it will detect the failure of either the primary or secondary containment structure or the presence of any release of hazardous secondary material or accumulated liquid in the secondary containment system at the earliest practicable time; and
(iv) Sloped or otherwise designed or operated to drain and remove liquids resulting from leaks, spills, or precipitation. Spilled or leaked material and accumulated precipitation must be removed from the secondary containment system within 24 hours, or in as timely a manner as is possible to prevent harm to human health and the environment.
3. Secondary containment for tanks must include one or more of the following devices:
(i) A liner (external to the tank);
(ii) A vault; or
(iii) A double-walled tank.
4. In addition to the requirements of parts 1, 2 and 3 of this subparagraph, secondary containment systems must satisfy the following requirements:
(i) External liner systems must be:
(I) Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary;
(II) Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. Such additional capacity must be sufficient to contain precipitation from a 25-year, 24-hour rainfall event.
(III) Free of cracks or gaps; and
(IV) Designed and installed to surround the tank completely and to cover all surrounding earth likely to come into contact with the material if the material is released from the tank(s) (i.e., capable of preventing lateral as well as vertical migration of the material).
(ii) Vault systems must be:
(I) Designed or operated to contain 100 percent of the capacity of the largest tank within its boundary;
(II) Designed or operated to prevent run-on or infiltration of precipitation into the secondary containment system unless the collection system has sufficient excess capacity to contain run-on or infiltration. Such additional capacity must be sufficient to contain precipitation from a 25-year, 24-hour rainfall event;
(III) Constructed with chemical-resistant water stops in place at all joints (if any);
(IV) Provided with an impermeable interior coating or lining that is compatible with the stored material and that will prevent migration of material into the concrete;
(V) Provided with a means to protect against the formation of and ignition of vapors within the vault, if the material being stored or treated is ignitable or reactive; and
(VI) Provided with an exterior moisture barrier or be otherwise designed or operated to prevent migration of moisture into the vault if the vault is subject to hydraulic pressure.
(iii) Double-walled tanks must be:
(I) Designed as an integral structure (i.e., an inner tank completely enveloped within an outer shell) so that any release from the inner tank is contained by the outer shell;
(II) Protected, if constructed of metal, from both corrosion of the primary tank interior and of the external surface of the outer shell; and
(III) Provided with a built-in continuous leak detection system capable of detecting a release within 24 hours, or at the earliest practicable time.

(Note: The provisions outlined in the Steel Tank Institute's (STI) "Standard for Dual Wall Underground Steel Storage Tanks" may be used as guidelines for aspects of the design of underground steel double-walled tanks.)

5. Reserved
6. Ancillary equipment must be provided with secondary containment (e.g., trench, jacketing, double-walled piping) that meets the requirements of parts 1 and 2 of this subparagraph except for:
(i) Aboveground piping (exclusive of flanges, joints, valves, and other connections) that are visually inspected for leaks on a daily basis;
(ii) Welded flanges, welded joints, and welded connections that are visually inspected for leaks on a daily basis;
(iii) Sealless or magnetic coupling pumps and sealless valves that are visually inspected for leaks on a daily basis; and
(iv) Pressurized aboveground piping systems with automatic shut-off devices (e.g., excess flow check valves, flow metering shutdown devices, loss of pressure actuated shut-off devices) that are visually inspected for leaks on a daily basis.
(e) General operating requirements [ 40 CFR 261.194 ]
1. Hazardous secondary materials or treatment reagents must not be placed in a tank system if they could cause the tank, its ancillary equipment, or the containment system to rupture, leak, corrode, or otherwise fail.
2. The remanufacturer or other person that stores or treats the hazardous secondary material must use appropriate controls and practices to prevent spills and overflows from tank or containment systems. These include at a minimum:
(i) Spill prevention controls (e.g., check valves, dry disconnect couplings);
(ii) Overfill prevention controls (e.g., level sensing devices, high level alarms, automatic feed cutoff, or bypass to a standby tank); and
(iii) Maintenance of sufficient freeboard in uncovered tanks to prevent overtopping by wave or wind action or by precipitation.
3. The remanufacturer or other person that stores or treats the hazardous secondary material must comply with the requirements of subparagraph (g) of this paragraph if a leak or spill occurs in the tank system.
(f) Reserved [ 40 CFR 261.195 ]
(g) Response to leaks or spills and disposition of leaking or unfit-for-use tank systems [ 40 CFR 261.196 ]

A tank system or secondary containment system from which there has been a leak or spill, or which is unfit for use, must be removed from service immediately, and the remanufacturer or other person that stores or treats the hazardous secondary material must satisfy the following requirements:

1. Cessation of use; prevent flow or addition of materials. The remanufacturer or other person that stores or treats the hazardous secondary material must immediately stop the flow of hazardous secondary material into the tank system or secondary containment system and inspect the system to determine the cause of the release.
2. Removal of material from tank system or secondary containment system
(i) If the release was from the tank system, the remanufacturer or other person that stores or treats the hazardous secondary material must, within 24 hours after detection of the leak or, if the remanufacturer or other person that stores or treats the hazardous secondary material demonstrates that it is not possible, at the earliest practicable time, remove as much of the material as is necessary to prevent further release of hazardous secondary material to the environment and to allow inspection and repair of the tank system to be performed.
(ii) If the material released was to a secondary containment system, all released materials must be removed within 24 hours or in as timely a manner as is possible to prevent harm to human health and the environment.
3. Containment of visible releases to the environment. The remanufacturer or other person that stores or treats the hazardous secondary material must immediately conduct a visual inspection of the release and, based upon that inspection:
(i) Prevent further migration of the leak or spill to soils or surface water; and
(ii) Remove, and properly dispose of, any visible contamination of the soil or surface water.
4. Notifications, reports
(i) Any release to the environment, except as provided in subpart (ii) of this part, must be reported to the Commissioner within 24 hours of its detection. If the release has been reported pursuant to 40 CFR part 302 . that report will satisfy this requirement.
(ii) A leak or spill of hazardous secondary material is exempted from the requirements of this paragraph if it is:
(I) Less than or equal to a quantity of 1 pound; and
(II) Immediately contained and cleaned up.
(iii) Within 30 days of detection of a release to the environment, a report containing the following information must be submitted to the Commissioner:
(I) Likely route of migration of the release;
(II) Characteristics of the surrounding soil (soil composition, geology, hydrogeology, climate);
(III) Results of any monitoring or sampling conducted in connection with the release (if available). If sampling or monitoring data relating to the release are not available within 30 days, these data must be submitted to the Commissioner as soon as they become available;
(IV) Proximity to downgradient drinking water, surface water, and populated areas; and
(V) Description of response actions taken or planned.
5. Provision of secondary containment, repair, or closure
(i) Unless the remanufacturer or other person that stores or treats the hazardous secondary material satisfies the requirements of subparts (ii) through (iv) of this part, the tank system must cease to operate under the remanufacturing exclusion at subpart (1)(d)1(xxvii) of the rule.
(ii) If the cause of the release was a spill that has not damaged the integrity of the system, the remanufacturer or other person that stores or treats the hazardous secondary material may return the system to service as soon as the released material is removed and repairs, if necessary, are made.
(iii) If the cause of the release was a leak from the primary tank system into the secondary containment system, the system must be repaired prior to returning the tank system to service.
(iv) If the source of the release was a leak to the environment from a component of a tank system without secondary containment, the remanufacturer or other person that stores or treats the hazardous secondary material must provide the component of the system from which the leak occurred with secondary containment that satisfies the requirements of subparagraph (d) of this paragraph before it can be returned to service, unless the source of the leak is an aboveground portion of a tank system that can be inspected visually. If the source is an aboveground component that can be inspected visually, the component must be repaired and may be returned to service without secondary containment as long as the requirements of part 6 of this subparagraph are satisfied. Additionally, if a leak has occurred in any portion of a tank system component that is not readily accessible for visual inspection (e.g., the bottom of an inground or onground tank), the entire component must be provided with secondary containment in accordance with subparagraph (d) of this paragraph prior to being returned to use.
6. Certification of major repairs

If the remanufacturer or other person that stores or treats the hazardous secondary material has repaired a tank system in accordance with part 5 of this subparagraph, and the repair has been extensive (e.g., installation of an internal liner; repair of a ruptured primary containment or secondary containment vessel), the tank system must not be returned to service unless the remanufacturer or other person that stores or treats the hazardous secondary material has obtained a certification by a qualified Professional Engineer that the repaired system is capable of handling hazardous secondary materials without release for the intended life of the system. This certification must be kept on file at the facility and maintained until closure of the facility.

(Note: The Commissioner may, on the basis of any information received that there is or has been a release of hazardous secondary material or hazardous constituents into the environment, issue an order under the Act (T.C.A. §§ 68-212-101 et seq.) requiring corrective action or such other response as deemed necessary to protect human health or the environment.)

(Note: The Tennessee Water Quality Control Act may require the owner or operator to notify the National Response Center of certain releases.)

(h) Termination of remanufacturing exclusion [ 40 CFR 261.197 ]

Hazardous secondary material stored in units more than 90 days after the unit ceases to operate under the remanufacturing exclusion at subpart (1)(d)1(xxvii) of this rule or otherwise ceases to be operated for manufacturing, or for storage of a product or a raw material, then becomes subject to regulation as hazardous waste under Rules 0 40012-01-.02 through 0400-12-01-.10, as applicable.

(i) Special requirements for ignitable or reactive materials [ 40 CFR 261.198 ]
1. Ignitable or reactive material must not be placed in tank systems, unless the material is stored or treated in such a way that it is protected from any material or conditions that may cause the material to ignite or react.
2. The remanufacturer or other person that stores or treats hazardous secondary material which is ignitable or reactive must store or treat the hazardous secondary material in a tank that is in compliance with the requirements for the maintenance of protective distances between the material management area and any public ways, streets, alleys, or an adjoining property line that can be built upon as required in Tables 2-1 through 2-6 of the National Fire Protection Association's "Flammable and Combustible Liquids Code," (1977 or 1981), (incorporated by reference, see 40 CFR 260.11) .
(j) Special requirements for incompatible materials [ 40 CFR 261.199 ]
1. Incompatible materials must not be placed in the same tank system.
2. Hazardous secondary material must not be placed in a tank system that has not been decontaminated and that previously held an incompatible material.
(k) Air emission standards [ 40 CFR 261.200 ]

The remanufacturer or other person that stores or treats the hazardous secondary material shall manage all hazardous secondary material placed in a tank in accordance with the applicable requirements of paragraphs (27), (28) and (29) of this rule.

(11) - (12) Reserved
(13) Emergency Preparedness and Response for Management of Excluded Hazardous Secondary Materials [ 40 CFR 261 Subpart M]
(a) Applicability [ 40 CFR 261.400 ]

The requirements of this paragraph apply to those areas of an entity managing hazardous secondary materials excluded under subpart (1)(d)1(xxiii) and/or (xxiv) of this rule where hazardous secondary materials are generated or accumulated on site.

1. A generator of hazardous secondary material, or an intermediate or reclamation facility managing hazardous secondary material excluded from regulation under subpart (1)(d)1(xxiv) of this rule that accumulates 6000 kg or less of hazardous secondary material at any time must comply with subparagraphs (b) and (c) of this paragraph.
2. A generator of hazardous secondary material, or an intermediate or reclamation facility managing hazardous secondary material excluded from regulation under subpart (1)(d)1(xxiv) of this rule that accumulates more than 6000 kg of hazardous secondary material at any time must comply with subparagraphs (b) and (d) of this paragraph.
(b) Preparedness and prevention [ 40 CFR 261.410 ]
1. Maintenance and operation of facility

Facilities generating or accumulating hazardous secondary material must be maintained and operated to minimize the possibility of a fire, explosion, or any unplanned sudden or non-sudden release of hazardous secondary materials or hazardous secondary material constituents to air, soil, or surface water which could threaten human health or the environment.

2. Required equipment

All facilities generating or accumulating hazardous secondary material must be equipped with the following, unless none of the hazards posed by hazardous secondary material handled at the facility could require a particular kind of equipment specified below:

(i) An internal communications or alarm system capable of providing immediate emergency instruction (voice or signal) to facility personnel;
(ii) A device, such as a telephone (immediately available at the scene of operations) or a hand-held two-way radio, capable of summoning emergency assistance from local police departments, fire departments, or state or local emergency response teams;
(iii) Portable fire extinguishers, fire control equipment (including special extinguishing equipment, such as that using foam, inert gas, or dry chemicals), spill control equipment, and decontamination equipment; and
(iv) Water at adequate volume and pressure to supply water hose streams, or foam producing equipment, or automatic sprinklers, or water spray systems.
3. Testing and maintenance of equipment

All facility communications or alarm systems, fire protection equipment, spill control equipment, and decontamination equipment, where required, must be tested and maintained as necessary to assure its proper operation in time of emergency.

4. Access to communications or alarm system
(i) Whenever hazardous secondary material is being poured, mixed, spread, or otherwise handled, all personnel involved in the operation must have immediate access to an internal alarm or emergency communication device, either directly or through visual or voice contact with another employee, unless such a device is not required under part 2 of this subparagraph.
(ii) If there is ever just one employee on the premises while the facility is operating, he must have immediate access to a device, such as a telephone (immediately available at the scene of operation) or a hand-held two-way radio, capable of summoning external emergency assistance, unless such a device is not required under part 2 of this subparagraph.
5. Required aisle space

The hazardous secondary material generator or intermediate or reclamation facility excluded from regulation under subpart (1)(d)1(xxiv) of this rule must maintain aisle space to allow the unobstructed movement of personnel, fire protection equipment, spill control equipment, and decontamination equipment to any area of facility operation in an emergency, unless aisle space is not needed for any of these purposes.

6. Arrangements with local authorities
(i) The hazardous secondary material generator or an intermediate or reclamation facility excluded from regulation under subpart (1)(d)1(xxiv) of this rule must attempt to make the following arrangements, as appropriate for the type of waste handled at his facility and the potential need for the services of these organizations:
(I) Arrangements to familiarize police, fire departments, and emergency response teams with the layout of the facility, properties of hazardous secondary material handled at the facility and associated hazards, places where facility personnel would normally be working, entrances to roads inside the facility, and possible evacuation routes;
(II) Where more than one police and fire department might respond to an emergency, agreements designating primary emergency authority to a specific police and a specific fire department, and agreements with any others to provide support to the primary emergency authority;
(III) Agreements with state emergency response teams, emergency response contractors, and equipment suppliers; and
(IV) Arrangements to familiarize local hospitals with the properties of hazardous waste handled at the facility and the types of injuries or illnesses which could result from fires, explosions, or releases at the facility.
(ii) Where state or local authorities decline to enter into such arrangements, the hazardous secondary material generator or an intermediate or reclamation facility excluded from regulation under subpart (1)(d)1(xxiv) of this rule must document the refusal in the operating record.
(c) Emergency procedures for facilities generating or accumulating 6000 kg or less of hazardous secondary material [ 40 CFR 261.411 ]

A generator or an intermediate or reclamation facility excluded from regulation under subpart (1)(d)1(xxiv) of this rule that generates or accumulates 6000 kg or less of hazardous secondary material must comply with the following requirements:

1. At all times there must be at least one employee either on the premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures specified in part 4 of this subparagraph. This employee is the emergency coordinator.
2. The generator or intermediate or reclamation facility excluded from regulation under subpart (1)(d)1(xxiv) of this rule must post the following information next to the telephone:
(i) The name and telephone number of the emergency coordinator;
(ii) Location of fire extinguishers and spill control material, and, if present, fire alarm; and
(iii) The telephone number of the fire department, unless the facility has a direct alarm.
3. The generator or an intermediate or reclamation facility excluded from regulation under subpart (1)(d)1(xxiv) of this rule must ensure that all employees are thoroughly familiar with proper waste handling and emergency procedures, relevant to their responsibilities during normal facility operations and emergencies.
4. The emergency coordinator or his designee must respond to any emergencies that arise. The applicable responses are as follows:
(i) In the event of a fire, call the fire department or attempt to extinguish it using a fire extinguisher;
(ii) In the event of a spill, contain the flow of hazardous waste to the extent possible, and as soon as is practicable, clean up the hazardous waste and any contaminated materials or soil;
(iii) In the event of a fire, explosion, or other release which could threaten human health outside the facility or when the generator or an intermediate or reclamation facility excluded from regulation under subpart (1)(d)1(xxiv) of this rule has knowledge that a spill has reached surface water, the generator or an intermediate or reclamation facility excluded from regulation under subpart (1)(d)1(xxiv) of this rule must immediately notify the National Response Center (using their 24-hour toll free number 800/424-8802). The report must include the following information:
(I) The name, address, and U.S. EPA Identification Number of the facility;
(II) Date, time, and type of incident (e.g., spill or fire);
(III) Quantity and type of hazardous waste involved in the incident;
(IV) Extent of injuries, if any; and
(V) Estimated quantity and disposition of recovered materials, if any.
(d) Contingency planning and emergency procedures for facilities generating or accumulating more than 6000 kg of hazardous secondary material [ 40 CFR 261.420 ]

A generator or an intermediate or reclamation facility excluded from regulation under subpart (1)(d)1(xxiv) of this rule that generates or accumulates more than 6000 kg of hazardous secondary material must comply with the following requirements:

1. Purpose and implementation of contingency plan
(i) Each generator or an intermediate or reclamation facility excluded from regulation under subpart (1)(d)1(xxiv) of this rule that accumulates more than 6000 kg of hazardous secondary material must have a contingency plan for his facility. The contingency plan must be designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of hazardous secondary material or hazardous secondary material constituents to air, soil, or surface water.
(ii) The provisions of the plan must be carried out immediately whenever there is a fire, explosion, or release of hazardous secondary material or hazardous secondary material constituents which could threaten human health or the environment.
2. Content of contingency plan
(i) The contingency plan must describe the actions facility personnel must take to comply with parts 1 and 6 of this subparagraph in response to fires, explosions, or any unplanned sudden or non-sudden release of hazardous secondary material or hazardous secondary material constituents to air, soil, or surface water at the facility.
(ii) If the generator or an intermediate or reclamation facility excluded from regulation under subpart (1)(d)1(xxiv) of this rule accumulating more than 6000 kg of hazardous secondary material has already prepared a Spill Prevention, Control, and Countermeasures (SPCC) Plan in accordance with 40 CFR part 112 , or some other emergency or contingency plan, he need only amend that plan to incorporate hazardous waste management provisions that are sufficient to comply with the requirements of this rule.

The hazardous secondary material generator or an intermediate or reclamation facility excluded from regulation under subpart (1)(d)1(xxiv) of this rule may develop one contingency plan which meets all regulatory requirements. The Department recommends that the plan be based on the National Response Team's Integrated Contingency Plan Guidance ("One Plan"). When modifications are made to non-Rule Chapter 0400-12-01 provisions in an integrated contingency plan, the changes do not trigger the need for a permit modification under Rule 0400-12-01-.07.

(iii) The plan must describe arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services, pursuant to part (b)6 of this paragraph.
(iv) The plan must list names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator (see part 5 of this subparagraph), and this list must be kept up-to-date. Where more than one person is listed, one must be named as primary emergency coordinator and others must be listed in the order in which they will assume responsibility as alternates.
(v) The plan must include a list of all emergency equipment at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems (internal and external), and decontamination equipment), where this equipment is required. This list must be kept up to date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities.
(vi) The plan must include an evacuation plan for facility personnel where there is a possibility that evacuation could be necessary. This plan must describe signal(s) to be used to begin evacuation, evacuation routes, and alternate evacuation routes (in cases where the primary routes could be blocked by releases of hazardous waste or fires).
3. Copies of contingency plan

A copy of the contingency plan and all revisions to the plan must be:

(i) Maintained at the facility; and
(ii) Submitted to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services.
4. Amendment of contingency plan

The contingency plan must be reviewed, and immediately amended, if necessary, whenever:

(i) Applicable rules are revised;
(ii) The plan fails in an emergency;
(iii) The facility changes--in its design, construction, operation, maintenance, or other circumstances--in a way that materially increases the potential for fires, explosions, or releases of hazardous secondary material or hazardous secondary material constituents, or changes the response necessary in an emergency;
(iv) The list of emergency coordinators changes; or
(v) The list of emergency equipment changes.
5. Emergency coordinator

At all times, there must be at least one employee either on the facility premises or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator must be thoroughly familiar with all aspects of the facility's contingency plan, all operations and activities at the facility, the location and characteristics of waste handled, the location of all records within the facility, and the facility layout. In addition, this person must have the authority to commit the resources needed to carry out the contingency plan. The emergency coordinator's responsibilities are more fully spelled out in part 6 of this subparagraph. Applicable responsibilities for the emergency coordinator vary, depending on factors such as type and variety of hazardous secondary material(s) handled by the facility, and type and complexity of the facility.

6. Emergency procedures
(i) Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) must immediately:
(I) Activate internal facility alarms or communication systems, where applicable, to notify all facility personnel; and
(II) Notify appropriate state or local agencies with designated response roles if their help is needed.
(ii) Whenever there is a release, fire, or explosion, the emergency coordinator must immediately identify the character, exact source, amount, and areal extent of any released materials. He may do this by observation or review of facility records or manifests and, if necessary, by chemical analysis.
(iii) Concurrently, the emergency coordinator must assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment must consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any hazardous surface water run-offs from water or chemical agents used to control fire and heat-induced explosions).
(iv) If the emergency coordinator determines that the facility has had a release, fire, or explosion which could threaten human health, or the environment, outside the facility, he must report his findings as follows:
(I) If his assessment indicates that evacuation of local areas may be advisable, he must immediately notify appropriate local authorities. He must be available to help appropriate officials decide whether local areas should be evacuated; and
(II) He must immediately notify either the government official designated as the on-scene coordinator for that geographical area, or the National Response Center (using their 24-hour toll free number 800/424-8802). The report must include:
I. Name and telephone number of reporter;
II. Name and address of facility;
III. Time and type of incident (e.g., release, fire);
IV. Name and quantity of material(s) involved, to the extent known;
V. The extent of injuries, if any; and
VI. The possible hazards to human health, or the environment, outside the facility.
(v) During an emergency, the emergency coordinator must take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or spread to other hazardous secondary material at the facility. These measures must include, where applicable, stopping processes and operations, collecting and containing released material, and removing or isolating containers.
(vi) If the facility stops operations in response to a fire, explosion or release, the emergency coordinator must monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate.
(vii) Immediately after an emergency, the emergency coordinator must provide for treating, storing, or disposing of recovered secondary material, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility. Unless the hazardous secondary material generator can demonstrate, in accordance with part (1)(c)3 or part (1)(c)4 of this rule, that the recovered material is not a hazardous waste, the owner or operator becomes a generator of hazardous waste and must manage it in accordance with all applicable requirements of Rules 0 40012-01-.03, 0400-12-01-.04 and 0400-12-01-.05.
(viii) The emergency coordinator must ensure that, in the affected area(s) of the facility:
(I) No secondary material that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and
(II) All emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed.
(ix) The hazardous secondary material generator must note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, he must submit a written report on the incident to the Commissioner. The report must include:
(I) Name, address, and telephone number of the hazardous secondary material generator;
(II) Name, address, and telephone number of the facility;
(III) Date, time, and type of incident (e.g., fire, explosion);
(IV) Name and quantity of material(s) involved;
(V) The extent of injuries, if any;
(VI) An assessment of actual or potential hazards to human health or the environment, where this is applicable; and
(VII) Estimated quantity and disposition of recovered material that resulted from the incident.
7. Personnel training. All employees must be thoroughly familiar with proper waste handling and emergency procedures relevant to their responsibilities during normal facility operations and emergencies.
(14) - (26) Reserved
(27) Air Emission Standards for Process Vents [ 40 CFR 261 Subpart AA]
(a) Applicability [ 40 CFR 261.1030 ]

This paragraph applies to process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or stream stripping operations that manage hazardous secondary materials excluded under the remanufacturing exclusion at (1)(d)1(xxvii) of this rule with concentrations of at least 10 ppmw, unless the process vents are equipped with operating air emission controls in accordance with the requirements of an applicable rule under the Tennessee Air Quality Act and Rule Division 1200-03 or Rule Division 0400-30.

(b) Definitions [ 40 CFR 261.1031 ]

As used in this paragraph, all terms not defined herein shall have the meaning given them in the Tennessee Hazardous Waste Management Act and subparagraph (2)(a) of Rule 0400-12-01-.01.

"Air stripping operation" is a desorption operation employed to transfer one or more volatile components from a liquid mixture into a gas (air) either with or without the application of heat to the liquid. Packed towers, spray towers, and bubble-cap, sieve, or valve-type plate towers are among the process configurations used for contacting the air and a liquid.

"Bottoms receiver" means a container or tank used to receive and collect the heavier bottoms fractions of the distillation feed stream that remain in the liquid phase.

"Closed-vent system" means a system that is not open to the atmosphere and that is composed of piping, connections, and, if necessary, flow-inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device.

"Condenser" means a heat-transfer device that reduces a thermodynamic fluid from its vapor phase to its liquid phase.

"Connector" means flanged, screwed, welded, or other joined fittings used to connect two pipelines or a pipeline and a piece of equipment. For the purposes of reporting and recordkeeping, connector means flanged fittings that are not covered by insulation or other materials that prevent location of the fittings.

"Continuous recorder" means a data-recording device recording an instantaneous data value at least once every 15 minutes.

"Control device" means an enclosed combustion device, vapor recovery system, or flare. Any device the primary function of which is the recovery or capture of solvents or other organics for use, reuse, or sale (e.g., a primary condenser on a solvent recovery unit) is not a control device.

"Control device shutdown" means the cessation of operation of a control device for any purpose.

"Distillate receiver" means a container or tank used to receive and collect liquid material (condensed) from the overhead condenser of a distillation unit and from which the condensed liquid is pumped to larger storage tanks or other process units.

"Distillation operation" means an operation, either batch or continuous, separating one or more feed stream(s) into two or more exit streams, each exit stream having component concentrations different from those in the feed stream(s). The separation is achieved by the redistribution of the components between the liquid and vapor phase as they approach equilibrium within the distillation unit.

"Double block and bleed system" means two block valves connected in series with a bleed valve or line that can vent the line between the two block valves.

"Equipment" means each valve, pump, compressor, pressure relief device, sampling connection system, open-ended valve or line, or flange or other connector, and any control devices or systems required by this paragraph.

"Flame zone" means the portion of the combustion chamber in a boiler occupied by the flame envelope.

"Flow indicator" means a device that indicates whether gas flow is present in a vent stream.

"First attempt at repair" means to take rapid action for the purpose of stopping or reducing leakage of organic material to the atmosphere using best practices.

"Fractionation operation" means a distillation operation or method used to separate a mixture of several volatile components of different boiling points in successive stages, each stage removing from the mixture some proportion of one of the components.

"Hazardous secondary material management unit shutdown" means a work practice or operational procedure that stops operation of a hazardous secondary material management unit or part of a hazardous secondary material management unit. An unscheduled work practice or operational procedure that stops operation of a hazardous secondary material management unit or part of a hazardous secondary material management unit for less than 24 hours is not a hazardous secondary material management unit shutdown. The use of spare equipment and technically feasible bypassing of equipment without stopping operation are not hazardous secondary material management unit shutdowns.

"Hot well" means a container for collecting condensate as in a steam condenser serving a vacuum-jet or steam-jet ejector.

"In gas/vapor service" means that the piece of equipment contains or contacts a hazardous secondary material stream that is in the gaseous state at operating conditions.

"In heavy liquid service" means that the piece of equipment is not in gas/vapor service or in light liquid service.

"In light liquid service" means that the piece of equipment contains or contacts a material stream where the vapor pressure of one or more of the organic components in the stream is greater than 0.3 kilopascals (kPa) at 20°C, the total concentration of the pure organic components having a vapor pressure greater than 0.3 kilopascals (kPa) at 20°C is equal to or greater than 20 percent by weight, and the fluid is a liquid at operating conditions.

"In situ sampling systems" means nonextractive samplers or in-line samplers.

"In vacuum service" means that equipment is operating at an internal pressure that is at least 5 kPa below ambient pressure.

"Malfunction" means any sudden failure of a control device or a hazardous secondary material management unit or failure of a hazardous secondary material management unit to operate in a normal or usual manner, so that organic emissions are increased.

"Open-ended valve or line" means any valve, except pressure relief valves, having one side of the valve seat in contact with hazardous secondary material and one side open to the atmosphere, either directly or through open piping.

"Pressure release" means the emission of materials resulting from the system pressure being greater than the set pressure of the pressure relief device.

"Process heater" means a device that transfers heat liberated by burning fuel to fluids contained in tubes, including all fluids except water that are heated to produce steam.

"Process vent" means any open-ended pipe or stack that is vented to the atmosphere either directly, through a vacuum-producing system, or through a tank (e.g., distillate receiver, condenser, bottoms receiver, surge control tank, separator tank, or hot well) associated with hazardous secondary material distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations.

"Repaired" means that equipment is adjusted, or otherwise altered, to eliminate a leak.

"Sampling connection system" means an assembly of equipment within a process or material management unit used during periods of representative operation to take samples of the process or material fluid. Equipment used to take non-routine grab samples is not considered a sampling connection system.

"Sensor" means a device that measures a physical quantity or the change in a physical quantity, such as temperature, pressure, flow rate, pH, or liquid level.

"Separator tank" means a device used for separation of two immiscible liquids.

"Solvent extraction operation" means an operation or method of separation in which a solid or solution is contacted with a liquid solvent (the two being mutually insoluble) to preferentially dissolve and transfer one or more components into the solvent.

"Startup" means the setting in operation of a hazardous secondary material management unit or control device for any purpose.

"Steam stripping operation" means a distillation operation in which vaporization of the volatile constituents of a liquid mixture takes place by the introduction of steam directly into the charge.

"Surge control tank" means a large-sized pipe or storage reservoir sufficient to contain the surging liquid discharge of the process tank to which it is connected.

"Thin-film evaporation operation" means a distillation operation that employs a heating surface consisting of a large diameter tube that may be either straight or tapered, horizontal or vertical. Liquid is spread on the tube wall by a rotating assembly of blades that maintain a close clearance from the wall or actually ride on the film of liquid on the wall.

"Vapor incinerator" means any enclosed combustion device that is used for destroying organic compounds and does not extract energy in the form of steam or process heat.

"Vented" means discharged through an opening, typically an open-ended pipe or stack, allowing the passage of a stream of liquids, gases, or fumes into the atmosphere. The passage of liquids, gases, or fumes is caused by mechanical means such as compressors or vacuum-producing systems or by process-related means such as evaporation produced by heating and not caused by tank loading and unloading (working losses) or by natural means such as diurnal temperature changes.

(c) Standards: Process vents [ 40 CFR 261.1032 ]
1. The remanufacturer or other person that stores or treats hazardous secondary materials in hazardous secondary material management units with process vents associated with distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations managing hazardous secondary material with organic concentrations of at least 10 ppmw shall either:
(i) Reduce total organic emissions from all affected process vents at the facility below 1.4 kg/h (3 lb/h) and 2.8 Mg/yr (3.1 tons/yr); or
(ii) Reduce, by use of a control device, total organic emissions from all affected process vents at the facility by 95 weight percent.
2. If the remanufacturer or other person that stores or treats the hazardous secondary material installs a closed-vent system and control device to comply with the provisions of part 1 of this subparagraph the closed-vent system and control device must meet the requirements of subparagraph (d) of this paragraph.
3. Determinations of vent emissions and emission reductions or total organic compound concentrations achieved by add-on control devices may be based on engineering calculations or performance tests. If performance tests are used to determine vent emissions, emission reductions, or total organic compound concentrations achieved by add-on control devices, the performance tests must conform with the requirements of part (e)3 of this paragraph.
4. When a remanufacturer or other person that stores or treats the hazardous secondary material and the Commissioner do not agree on determinations of vent emissions and/or emission reductions or total organic compound concentrations achieved by add-on control devices based on engineering calculations, the procedures in part (e)3 of this paragraph shall be used to resolve the disagreement.
(d) Standards: Closed-vent systems and control devices [ 40 CFR 261.1033 ]
1.
(i) The remanufacturer or other person that stores or treats the hazardous secondary materials in hazardous secondary material management units using closed-vent systems and control devices used to comply with provisions of this rule shall comply with the provisions of this subparagraph.
(ii) Reserved
2. A control device involving vapor recovery (e.g., a condenser or adsorber) shall be designed and operated to recover the organic vapors vented to it with an efficiency of 95 weight percent or greater unless the total organic emission limits of subpart (c)1(i) of this paragraph for all affected process vents can be attained at an efficiency less than 95 weight percent.
3. An enclosed combustion device (e.g., a vapor incinerator, boiler, or process heater) shall be designed and operated to reduce the organic emissions vented to it by 95 weight percent or greater; to achieve a total organic compound concentration of 20 ppmv, expressed as the sum of the actual compounds, not carbon equivalents, on a dry basis corrected to 3 percent oxygen; or to provide a minimum residence time of 0.50 seconds at a minimum temperature of 760°C. If a boiler or process heater is used as the control device, then the vent stream shall be introduced into the flame zone of the boiler or process heater.
4.
(i) A flare shall be designed for and operated with no visible emissions as determined by the methods specified in subpart 5(i) of this subparagraph, except for periods not to exceed a total of 5 minutes during any 2 consecutive hours.
(ii) A flare shall be operated with a flame present at all times, as determined by the methods specified in item 6(ii)(III) of this subparagraph.
(iii) A flare shall be used only if the net heating value of the gas being combusted is 11.2 MJ/scm (300 Btu/scf) or greater if the flare is steam-assisted or air-assisted; or if the net heating value of the gas being combusted is 7.45 MJ/scm (200 Btu/scf) or greater if the flare is nonassisted. The net heating value of the gas being combusted shall be determined by the methods specified in subpart 5(ii) of this subparagraph.
(iv)
(I) A steam-assisted or nonassisted flare shall be designed for and operated with an exit velocity, as determined by the methods specified in subpart 5(iii) of this subparagraph, less than 18.3 m/s (60 ft/s), except as provided in items (II) and (III) of this subpart.
(II) A steam-assisted or nonassisted flare designed for and operated with an exit velocity, as determined by the methods specified in subpart 5(iii) of this subparagraph, equal to or greater than 18.3 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is allowed if the net heating value of the gas being combusted is greater than 37.3 MJ/scm (1,000 Btu/scf).
(III) A steam-assisted or nonassisted flare designed for and operated with an exit velocity, as determined by the methods specified in subpart 5(iii) of this subparagraph, less than the velocity, Vmax, as determined by the method specified in subpart 5(iv) of this subparagraph and less than 122 m/s (400 ft/s) is allowed.
(v) An air-assisted flare shall be designed and operated with an exit velocity less than the velocity, Vmax, as determined by the method specified in subpart 5(v) of this subparagraph.
(vi) A flare used to comply with this section shall be steam-assisted, airassisted, or nonassisted.
5.
(i) Reference Method 22 in 40 CFR part 60 shall be used to determine the compliance of a flare with the visible emission provisions of this subpart. The observation period is 2 hours and shall be used according to Method 22.
(ii) The net heating value of the gas being combusted in a flare shall be calculated using the following equation:

Click here to view image

where:

Ht = Net heating value of the sample, MJ/scm; where the net enthalpy per mole of offgas is based on combustion at 25°C and 760 mm Hg, but the standard temperature for determining the volume corresponding to 1 mol is 20°C;

K = Constant, 1.74 x 10-7 (1/ppm) (g mol/scm) (MJ/kcal)

where standard temperature for (g mol/scm) is 20°C;

Ci = Concentration of sample component i in ppm on a wet basis, as measured for organics by Reference Method 18 in 40 CFR part 60 and measured for hydrogen and carbon monoxide by ASTM D 1946-82 (listed in Rule 0400-12-01-.01(2)(b) ); and

Hi = Net heat of combustion of sample component i, kcal/g mol at 25°C and 760 mm Hg. The heats of combustion may be determined using ASTM D 2382-83 (listed in Rule 0400-12-01-.01(2)(b) ) if published values are not available or cannot be calculated.

(iii) The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined by Reference Methods 2, 2A, 2C, or 2D in 40 CFR part 60 as appropriate, by the unobstructed (free) cross-sectional area of the flare tip.
(iv) The maximum allowed velocity in m/s, Vmax, for a flare complying with item 4(iv)(III) of this subparagraph shall be determined by the following equation:

Log10(Vmax) = (HT + 28.8) ÷ 31.7

Where:

28.8 = Constant,

31.7 = Constant,

HT = The net heating value as determined in subpart (ii) of this part.

(v) The maximum allowed velocity in m/s, Vmax, for an air-assisted flare shall be determined by the following equation:

Vmax = 8.706 + 0.7084 (HT)

Where:

8.706 = Constant,

0.7084 = Constant,

HT = The net heating value as determined in subpart (ii) of this part.

6. The remanufacturer or other person that stores or treats the hazardous secondary material shall monitor and inspect each control device required to comply with this subparagraph to ensure proper operation and maintenance of the control device by implementing the following requirements:
(i) Install, calibrate, maintain, and operate according to the manufacturer's specifications a flow indicator that provides a record of vent stream flow from each affected process vent to the control device at least once every hour. The flow indicator sensor shall be installed in the vent stream at the nearest feasible point to the control device inlet but before the point at which the vent streams are combined.
(ii) Install, calibrate, maintain, and operate according to the manufacturer's specifications a device to continuously monitor control device operation as specified below:
(I) For a thermal vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of ±1 percent of the temperature being monitored in °C or ±0.5 °C, whichever is greater. The temperature sensor shall be installed at a location in the combustion chamber downstream of the combustion zone.
(II) For a catalytic vapor incinerator, a temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature at two locations and have an accuracy of ±1 percent of the temperature being monitored in °C or ±0.5 °C, whichever is greater. One temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed inlet and a second temperature sensor shall be installed in the vent stream at the nearest feasible point to the catalyst bed outlet.
(III) For a flare, a heat sensing monitoring device equipped with a continuous recorder that indicates the continuous ignition of the pilot flame.
(IV) For a boiler or process heater having a design heat input capacity less than 44 MW, a temperature monitoring device equipped with a continuous recorder. The device shall have an accuracy of ±1 percent of the temperature being monitored in °C or ±0.5 °C, whichever is greater. The temperature sensor shall be installed at a location in the furnace downstream of the combustion zone.
(V) For a boiler or process heater having a design heat input capacity greater than or equal to 44 MW, a monitoring device equipped with a continuous recorder to measure a parameter(s) that indicates good combustion operating practices are being used.
(VI) For a condenser, either:
I. A monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the condenser; or
II. A temperature monitoring device equipped with a continuous recorder. The device shall be capable of monitoring temperature with an accuracy of ±1 percent of the temperature being monitored in degrees Celsius (°C) or ±0.5 °C, whichever is greater. The temperature sensor shall be installed at a location in the exhaust vent stream from the condenser exit (i.e., product side).
(VII) For a carbon adsorption system that regenerates the carbon bed directly in the control device such as a fixed-bed carbon adsorber, either:
I. A monitoring device equipped with a continuous recorder to measure the concentration level of the organic compounds in the exhaust vent stream from the carbon bed; or
II. A monitoring device equipped with a continuous recorder to measure a parameter that indicates the carbon bed is regenerated on a regular, predetermined time cycle.
(iii) Inspect the readings from each monitoring device required by subparts (i) and (ii) of this part at least once each operating day to check control device operation and, if necessary, immediately implement the corrective measures necessary to ensure the control device operates in compliance with the requirements of this subparagraph.
7. A remanufacturer or other person that stores or treats hazardous secondary material in a hazardous secondary material management unit using a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly onsite in the control device shall replace the existing carbon in the control device with fresh carbon at a regular, predetermined time interval that is no longer than the carbon service life established as a requirement of subitem (f)2(iv)(III)VI of this paragraph.
8. A remanufacturer or other person that stores or treats hazardous secondary material in a hazardous secondary material management unit using a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly onsite in the control device shall replace the existing carbon in the control device with fresh carbon on a regular basis by using one of the following procedures:
(i) Monitor the concentration level of the organic compounds in the exhaust vent stream from the carbon adsorption system on a regular schedule, and replace the existing carbon with fresh carbon immediately when carbon breakthrough is indicated. The monitoring frequency shall be daily or at an interval no greater than 20 percent of the time required to consume the total carbon working capacity established as a requirement of subitem (f)2(iv)(III)VII of this paragraph, whichever is longer.
(ii) Replace the existing carbon with fresh carbon at a regular, predetermined time interval that is less than the design carbon replacement interval established as a requirement of subitem (f)2(iv)(III)VII of this paragraph.
9. An alternative operational or process parameter may be monitored if it can be demonstrated that another parameter will ensure that the control device is operated in conformance with these standards and the control device's design specifications.
10. A remanufacturer or other person that stores or treats hazardous secondary material at an affected facility seeking to comply with the provisions of this rule by using a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system is required to develop documentation including sufficient information to describe the control device operation and identify the process parameter or parameters that indicate proper operation and maintenance of the control device.
11. A closed-vent system shall meet either of the following design requirements:
(i) A closed-vent system shall be designed to operate with no detectable emissions, as indicated by an instrument reading of less than 500 ppmv above background as determined by the procedure in part (e)2 of this paragraph, and by visual inspections; or
(ii) A closed-vent system shall be designed to operate at a pressure below atmospheric pressure. The system shall be equipped with at least one pressure gauge or other pressure measurement device that can be read from a readily accessible location to verify that negative pressure is being maintained in the closed-vent system when the control device is operating.
12. The remanufacturer or other person that stores or treats the hazardous secondary material shall monitor and inspect each closed-vent system required to comply with this subparagraph to ensure proper operation and maintenance of the closed-vent system by implementing the following requirements:
(i) Each closed-vent system that is used to comply with subpart 11(i) of this subparagraph shall be inspected and monitored in accordance with the following requirements:
(I) An initial leak detection monitoring of the closed-vent system shall be conducted by the remanufacturer or other person that stores or treats the hazardous secondary material on or before the date that the system becomes subject to this subparagraph. The remanufacturer or other person that stores or treats the hazardous secondary material shall monitor the closed-vent system components and connections using the procedures specified in part (e)2 of this paragraph to demonstrate that the closed-vent system operates with no detectable emissions, as indicated by an instrument reading of less than 500 ppmv above background.
(II) After initial leak detection monitoring required in item (I) of this subpart, the remanufacturer or other person that stores or treats the hazardous secondary material shall inspect and monitor the closed-vent system as follows:
I. Closed-vent system joints, seams, or other connections that are permanently or semi-permanently sealed (e.g., a welded joint between two sections of hard piping or a bolted and gasketed ducting flange) shall be visually inspected at least once per year to check for defects that could result in air pollutant emissions. The remanufacturer or other person that stores or treats the hazardous secondary material shall monitor a component or connection using the procedures specified in part (e)2 of this paragraph to demonstrate that it operates with no detectable emissions following any time the component is repaired or replaced (e.g., a section of damaged hard piping is replaced with new hard piping) or the connection is unsealed (e.g., a flange is unbolted).
II. Closed-vent system components or connections other than those specified in subitem I of this item shall be monitored annually and at other times as requested by the Commissioner, except as provided for in part 15 of this subparagraph, using the procedures specified in part (e)2 of this paragraph to demonstrate that the components or connections operate with no detectable emissions.
(III) In the event that a defect or leak is detected, the remanufacturer or other person that stores or treats the hazardous secondary material shall repair the defect or leak in accordance with the requirements of subpart (iii) of part.
(IV) The remanufacturer or other person that stores or treats the hazardous secondary material shall maintain a record of the inspection and monitoring in accordance with the requirements specified in subparagraph (f) of this paragraph.
(ii) Each closed-vent system that is used to comply with subpart 11(ii) of this subparagraph shall be inspected and monitored in accordance with the following requirements:
(I) The closed-vent system shall be visually inspected by the remanufacturer or other person that stores or treats the hazardous secondary material to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in ductwork or piping or loose connections.
(II) The remanufacturer or other person that stores or treats the hazardous secondary material shall perform an initial inspection of the closed-vent system on or before the date that the system becomes subject to this subparagraph. Thereafter, the remanufacturer or other person that stores or treats the hazardous secondary material shall perform the inspections at least once every year.
(III) In the event that a defect or leak is detected, the remanufacturer or other person that stores or treats the hazardous secondary material shall repair the defect in accordance with the requirements of subpart (iii) of this part.
(IV) The remanufacturer or other person that stores or treats the hazardous secondary material shall maintain a record of the inspection and monitoring in accordance with the requirements specified in subparagraph (f) of this paragraph.
(iii) The remanufacturer or other person that stores or treats the hazardous secondary material shall repair all detected defects as follows:
(I) Detectable emissions, as indicated by visual inspection, or by an instrument reading greater than 500 ppmv above background, shall be controlled as soon as practicable, but not later than 15 calendar days after the emission is detected, except as provided for in item (III) of this subpart.
(II) A first attempt at repair shall be made no later than 5 calendar days after the emission is detected.
(III) Delay of repair of a closed-vent system for which leaks have been detected is allowed if the repair is technically infeasible without a process unit shutdown, or if the remanufacturer or other person that stores or treats the hazardous secondary material determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be completed by the end of the next process unit shutdown.
(IV) The remanufacturer or other person that stores or treats the hazardous secondary material shall maintain a record of the defect repair in accordance with the requirements specified in subparagraph (f) of this paragraph.
13. Closed-vent systems and control devices used to comply with provisions of this paragraph shall be operated at all times when emissions may be vented to them.
14. The owner or operator using a carbon adsorption system to control air pollutant emissions shall document that all carbon that is a hazardous waste and that is removed from the control device is managed in one of the following manners, regardless of the average volatile organic concentration of the carbon:
(i) Regenerated or reactivated in a thermal treatment unit that meets one of the following:
(I) The owner or operator of the unit has been issued a final permit under Rule 0400-12-01-.07 which implements the requirements of paragraph (27) of Rule 0400-12-01-.06;
(II) The unit is equipped with and operating air emission controls in accordance with the applicable requirements of either paragraphs (27) and (29) of Rule 0400-12-01-.05 or paragraphs (30) and (32) of Rule 0400-12-01-.06; or
(III) The unit is equipped with and operating air emission controls in accordance with a national emission standard for hazardous air pollutants under 40 CFR part 61 or 40 CFR part 63.
(ii) Incinerated in a hazardous waste incinerator for which the owner or operator either:
(I) Has been issued a final permit under Rule 0400-12-01-.07 which implements the requirements of paragraph (15) of Rule 0400-12-01.06; or
(II) Has designed and operates the incinerator in accordance with the interim status requirements of paragraph (15) of Rule 0400-12-01.05.
(iii) Burned in a boiler or industrial furnace for which the owner or operator either:
(I) Has been issued a final permit under Rule 0400-12-01-.07 which implements the requirements of paragraph (8) of Rule 0400-12-01.09; or
(II) Has designed and operates the boiler or industrial furnace in accordance with the interim status requirements of paragraph (8) of Rule 0400-12-01-.09,
15. Any components of a closed-vent system that are designated, as described in subpart (f)3(ix) of this paragraph, as unsafe to monitor are exempt from the requirements of subitem 12(i)(II)II of this subparagraph if:
(i) The remanufacturer or other person that stores or treats the hazardous secondary material in a hazardous secondary material management unit using a closed-vent system determines that the components of the closed-vent system are unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with subitem 12(i)(II)II of this subparagraph; and
(ii) The remanufacturer or other person that stores or treats the hazardous secondary material in a hazardous secondary material management unit using a closed-vent system adheres to a written plan that requires monitoring the closed-vent system components using the procedure specified in subitem 12(i)(II)II of this subparagraph as frequently as practicable during safe-to-monitor times.
(e) Test methods and procedures [ 40 CFR 261.1034 ]
1. Each remanufacturer or other person that stores or treats the hazardous secondary material subject to the provisions of this paragraph shall comply with the test methods and procedural requirements provided in this subparagraph.
2. When a closed-vent system is tested for compliance with no detectable emissions, as required in part (d)12 of this paragraph, the test shall comply with the following requirements:
(i) Monitoring shall comply with Reference Method 21 in 40 CFR part 60.
(ii) The detection instrument shall meet the performance criteria of Reference Method 21.
(iii) The instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21.
(iv) Calibration gases shall be:
(I) Zero air (less than 10 ppm of hydrocarbon in air).
(II) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.
(v) The background level shall be determined as set forth in Reference Method 21.
(vi) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.
(vii) The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 ppm for determining compliance.
3. Performance tests to determine compliance with part (c)1 of this paragraph and with the total organic compound concentration limit of part (d)3 of this paragraph shall comply with the following:
(i) Performance tests to determine total organic compound concentrations and mass flow rates entering and exiting control devices shall be conducted and data reduced in accordance with the following reference methods and calculation procedures:
(I) Method 2 in 40 CFR part 60 for velocity and volumetric flow rate.
(II) Method 18 or Method 25A in 40 CFR part 60, appendix A, for organic content. If Method 25A is used, the organic HAP used as the calibration gas must be the single organic HAP representing the largest percent by volume of the emissions. The use of Method 25A is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale.
(III) Each performance test shall consist of three separate runs; each run conducted for at least 1 hour under the conditions that exist when the hazardous secondary material management unit is operating at the highest load or capacity level reasonably expected to occur. For the purpose of determining total organic compound concentrations and mass flow rates, the average of results of all runs shall apply. The average shall be computed on a time-weighted basis.
(IV) Total organic mass flow rates shall be determined by the following equation:
I. For sources utilizing Method 18.

Click here to view image

where:

Eh = Total organic mass flow rate, kg/h;

Q2sd = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;

n = Number of organic compounds in the vent gas;

Ci = Organic concentration in ppm, dry basis, of compound i in the vent gas, as determined by Method 18;

MWi = Molecular weight of organic compound i in the vent gas, kg/kg-mol;

0.0416 = Conversion factor for molar volume, kg-mol/m3 (@ 293 K and 760 mm Hg);

10-6 = Conversion from ppm.

II. For sources utilizing Method 25A.

Eh = (Q)(C)(MW)(0.0416)(10-6)

where:

Eh = Total organic mass flow rate, kg/h;

Q = Volumetric flow rate of gases entering or exiting control device, as determined by Method 2, dscm/h;

C = Organic concentration in ppm, dry basis, as determined by Method 25A;

MW = Molecular weight of propane, 44;

0.0416 = Conversion factor for molar volume, kg-mol/ m3 (@ 293 K and 760 mm Hg);

10-6 = Conversion from ppm.

(V) The annual total organic emission rate shall be determined by the following equation:

EA = (Eh)(H)

where:

EA = Total organic mass emission rate, kg/y;

Eh = Total organic mass flow rate for the process vent, kg/h;

H = Total annual hours of operations for the affected unit, h.

(VI) Total organic emissions from all affected process vents at the facility shall be determined by summing the hourly total organic mass emission rates (Eh, as determined in item (IV) of this subpart) and by summing the annual total organic mass emission rates (Ea, as determined in item (V) of this subpart) for all affected process vents at the facility.
(ii) The remanufacturer or other person that stores or treats the hazardous secondary material shall record such process information as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test.
(iii) The remanufacturer or other person that stores or treats the hazardous secondary material at an affected facility shall provide, or cause to be provided, performance testing facilities as follows:
(I) Sampling ports adequate for the test methods specified in subpart (i) of this part.
(II) Safe sampling platform(s).
(III) Safe access to sampling platform(s).
(IV) Utilities for sampling and testing equipment.
(iv) For the purpose of making compliance determinations, the time-weighted average of the results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the remanufacturer's or other person's that stores or treats the hazardous secondary material control, compliance may, upon the Commissioner's approval, be determined using the average of the results of the two other runs.
4. To show that a process vent associated with a hazardous secondary material distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation is not subject to the requirements of this subpart, the remanufacturer or other person that stores or treats the hazardous secondary material must make an initial determination that the time-weighted, annual average total organic concentration of the material managed by the hazardous secondary material management unit is less than 10 ppmw using one of the following two methods:
(i) Direct measurement of the organic concentration of the material using the following procedures:
(I) The remanufacturer or other person that stores or treats the hazardous secondary material must take a minimum of four grab samples of material for each material stream managed in the affected unit under process conditions expected to cause the maximum material organic concentration.
(II) For material generated onsite, the grab samples must be collected at a point before the material is exposed to the atmosphere such as in an enclosed pipe or other closed system that is used to transfer the material after generation to the first affected distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation. For material generated offsite, the grab samples must be collected at the inlet to the first material management unit that receives the material provided the material has been transferred to the facility in a closed system such as a tank truck and the material is not diluted or mixed with other material.
(III) Each sample shall be analyzed and the total organic concentration of the sample shall be computed using Method 9060A (incorporated by reference under subparagraph (2)(b) of Rule 0400-12-01-.01 ) of "Test Methods for Evaluating Solid Waste, Physical/Chemical Methods," EPA Publication SW-846, or analyzed for its individual organic constituents.
(IV) The arithmetic mean of the results of the analyses of the four samples shall apply for each material stream managed in the unit in determining the time-weighted, annual average total organic concentration of the material. The time-weighted average is to be calculated using the annual quantity of each material stream processed and the mean organic concentration of each material stream managed in the unit.
(ii) Using knowledge of the material to determine that its total organic concentration is less than 10 ppmw. Documentation of the material determination is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the material is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to generate a material stream having a total organic content less than 10 ppmw, or prior speciation analysis results on the same material stream where it can also be documented that no process changes have occurred since that analysis that could affect the material total organic concentration.
5. The determination that distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operations manage hazardous secondary materials with time-weighted, annual average total organic concentrations less than 10 ppmw shall be made as follows:
(i) By the effective date that the facility becomes subject to the provisions of this paragraph or by the date when the material is first managed in a hazardous secondary material management unit, whichever is later, and
(ii) For continuously generated material, annually, or
(iii) Whenever there is a change in the material being managed or a change in the process that generates or treats the material.
6. When a remanufacturer or other person that stores or treats the hazardous secondary material and the Commissioner do not agree on whether a distillation, fractionation, thin-film evaporation, solvent extraction, or air or steam stripping operation manages a hazardous secondary material with organic concentrations of at least 10 ppmw based on knowledge of the material, the dispute may be resolved by using direct measurement as specified at subpart 4(i) of this subparagraph.
(f) Recordkeeping requirements [ 40 CFR 261.1035 ]
1.
(i) Each remanufacturer or other person that stores or treats the hazardous secondary material subject to the provisions of this paragraph shall comply with the recordkeeping requirements of this subparagraph.
(ii) A remanufacturer or other person that stores or treats the hazardous secondary material of more than one hazardous secondary material management unit subject to the provisions of this subpart may comply with the recordkeeping requirements for these hazardous secondary material management units in one recordkeeping system if the system identifies each record by each hazardous secondary material management unit.
2. The remanufacturer or other person that stores or treats the hazardous secondary material must keep the following records on-site:
(i) For facilities that comply with the provisions of subpart (d)1(ii) of this paragraph, an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The schedule must also include a rationale of why the installation cannot be completed at an earlier date. The implementation schedule must be kept on-site at the facility by the effective date that the facility becomes subject to the provisions of this paragraph.
(ii) Up-to-date documentation of compliance with the process vent standards in subparagraph (c) of this paragraph, including:
(I) Information and data identifying all affected process vents, annual throughput and operating hours of each affected unit, estimated emission rates for each affected vent and for the overall facility (i.e., the total emissions for all affected vents at the facility), and the approximate location within the facility of each affected unit (e.g., identify the hazardous secondary material management units on a facility plot plan).
(II) Information and data supporting determinations of vent emissions and emission reductions achieved by add-on control devices based on engineering calculations or source tests. For the purpose of determining compliance, determinations of vent emissions and emission reductions must be made using operating parameter values (e.g., temperatures, flow rates, or vent stream organic compounds and concentrations) that represent the conditions that result in maximum organic emissions, such as when the hazardous secondary material management unit is operating at the highest load or capacity level reasonably expected to occur. If the remanufacturer or other person that stores or treats the hazardous secondary material takes any action (e.g., managing a material of different composition or increasing operating hours of affected hazardous secondary material management units) that would result in an increase in total organic emissions from affected process vents at the facility, then a new determination is required.
(iii) Where a remanufacturer or other person that stores or treats the hazardous secondary material chooses to use test data to determine the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan must be developed and include:
(I) A description of how it is determined that the planned test is going to be conducted when the hazardous secondary material management unit is operating at the highest load or capacity level reasonably expected to occur. This shall include the estimated or design flow rate and organic content of each vent stream and define the acceptable operating ranges of key process and control device parameters during the test program.
(II) A detailed engineering description of the closed-vent system and control device including:
I. Manufacturer's name and model number of control device.
II. Type of control device.
III. Dimensions of the control device.
IV. Capacity.
V. Construction materials.
(III) A detailed description of sampling and monitoring procedures, including sampling and monitoring locations in the system, the equipment to be used, sampling and monitoring frequency, and planned analytical procedures for sample analysis.
(iv) Documentation of compliance with subparagraph (d) of this paragraph shall include the following information:
(I) A list of all information references and sources used in preparing the documentation.
(II) Records, including the dates, of each compliance test required by part (d)11 of this paragraph.
(III) If engineering calculations are used, a design analysis, specifications, drawings, schematics, and piping and instrumentation diagrams based on the appropriate sections of "APTI Course 415: Control of Gaseous Emissions" (incorporated by reference as specified in subparagraph (2)(b) of Rule 0400-12-01-.01 ) or other engineering texts acceptable to the Commissioner that present basic control device design information. Documentation provided by the control device manufacturer or vendor that describes the control device design in accordance with subitems I through VII of this item may be used to comply with this requirement. The design analysis shall address the vent stream characteristics and control device operation parameters as specified below.
I. For a thermal vapor incinerator, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average temperature in the combustion zone and the combustion zone residence time.
II. For a catalytic vapor incinerator, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average temperatures across the catalyst bed inlet and outlet.
III. For a boiler or process heater, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also establish the design minimum and average flame zone temperatures, combustion zone residence time, and description of method and location where the vent stream is introduced into the combustion zone.
IV. For a flare, the design analysis shall consider the vent stream composition, constituent concentrations, and flow rate. The design analysis shall also consider the requirements specified in part (d)4 of this paragraph.
V. For a condenser, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design outlet organic compound concentration level, design average temperature of the condenser exhaust vent stream, and design average temperatures of the coolant fluid at the condenser inlet and outlet.
VI. For a carbon adsorption system such as a fixed-bed adsorber that regenerates the carbon bed directly onsite in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design exhaust vent stream organic compound concentration level, number and capacity of carbon beds, type and working capacity of activated carbon used for carbon beds, design total steam flow over the period of each complete carbon bed regeneration cycle, duration of the carbon bed steaming and cooling/drying cycles, design carbon bed temperature after regeneration, design carbon bed regeneration time, and design service life of carbon.
VII. For a carbon adsorption system such as a carbon canister that does not regenerate the carbon bed directly onsite in the control device, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design outlet organic concentration level, capacity of carbon bed, type and working capacity of activated carbon used for carbon bed, and design carbon replacement interval based on the total carbon working capacity of the control device and source operating schedule.
(IV) A statement signed and dated by the remanufacturer or other person that stores or treats the hazardous secondary material certifying that the operating parameters used in the design analysis reasonably represent the conditions that exist when the hazardous secondary material management unit is or would be operating at the highest load or capacity level reasonably expected to occur.
(V) A statement signed and dated by the remanufacturer or other person that stores or treats the hazardous secondary material certifying that the control device is designed to operate at an efficiency of 95 percent or greater unless the total organic concentration limit of part (c)1 of this paragraph is achieved at an efficiency less than 95 weight percent or the total organic emission limits of part (c)1 of this paragraph for affected process vents at the facility can be attained by a control device involving vapor recovery at an efficiency less than 95 weight percent. A statement provided by the control device manufacturer or vendor certifying that the control equipment meets the design specifications may be used to comply with this requirement.
(VI) If performance tests are used to demonstrate compliance, all test results.
3. Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of this rule shall be recorded and kept up-to-date at the facility. The information shall include:
(i) Description and date of each modification that is made to the closed-vent system or control device design.
(ii) Identification of operating parameter, description of monitoring device, and diagram of monitoring sensor location or locations used to comply with subparts (d)6(i) and (ii) of this paragraph.
(iii) Monitoring, operating, and inspection information required by part (d)6 through 11 of this paragraph.
(iv) Date, time, and duration of each period that occurs while the control device is operating when any monitored parameter exceeds the value established in the control device design analysis as specified below:
(I) For a thermal vapor incinerator designed to operate with a minimum residence time of 0.50 second at a minimum temperature of 760°C, period when the combustion temperature is below 760°C.
(II) For a thermal vapor incinerator designed to operate with an organic emission reduction efficiency of 95 weight percent or greater, period when the combustion zone temperature is more than 28°C below the design average combustion zone temperature established as a requirement of subitem 2(iv)(III)I of this subparagraph.
(III) For a catalytic vapor incinerator, period when:
I. Temperature of the vent stream at the catalyst bed inlet is more than 28°C below the average temperature of the inlet vent stream established as a requirement of subitem 2(iv)(III)II of this subparagraph; or
II. Temperature difference across the catalyst bed is less than 80 percent of the design average temperature difference established as a requirement of subitem 2(iv)(III)II.
(IV) For a boiler or process heater, period when:
I. Flame zone temperature is more than 28°C below the design average flame zone temperature established as a requirement subitem 2(iv)(III)III of this subparagraph; or
II. Position changes where the vent stream is introduced to the combustion zone from the location established as a requirement of subitem 2(iv)(III)III of this subparagraph.
(V) For a flare, period when the pilot flame is not ignited.
(VI) For a condenser that complies with subitem (d)6(ii)(VI)I of this paragraph, period when the organic compound concentration level or readings of organic compounds in the exhaust vent stream from the condenser are more than 20 percent greater than the design outlet organic compound concentration level established as a requirement of subitem 2(iv)(III)V of this subparagraph.
(VII) For a condenser that complies with subitem (d)6(ii)(VI)II of this paragraph, period when:
I. Temperature of the exhaust vent stream from the condenser is more than 6°C above the design average exhaust vent stream temperature established as a requirement of subitem 2(iv)(III)V of this subparagraph; or
II. Temperature of the coolant fluid exiting the condenser is more than 6°C above the design average coolant fluid temperature at the condenser outlet established as a requirement of subitem 2(iv)(III)V of this subparagraph.
(VIII) For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device and complies with subitem (d)6(ii)(VII)I of this paragraph, period when the organic compound concentration level or readings of organic compounds in the exhaust vent stream from the carbon bed are more than 20 percent greater than the design exhaust vent stream organic compound concentration level established as a requirement of subitem 2(iv)(III)VI of this subparagraph.
(IX) For a carbon adsorption system such as a fixed-bed carbon adsorber that regenerates the carbon bed directly on-site in the control device and complies with subitem (d)6(ii)(VII)II of this paragraph, period when the vent stream continues to flow through the control device beyond the predetermined carbon bed regeneration time established as a requirement of subitem 2(iv)(III)VI of this subparagraph.
(v) Explanation for each period recorded under subpart (iv) of this part of the cause for control device operating parameter exceeding the design value and the measures implemented to correct the control device operation.
(vi) For a carbon adsorption system operated subject to requirements specified in part (d)7 or subpart (d)8(ii) of this paragraph, date when existing carbon in the control device is replaced with fresh carbon.
(vii) For a carbon adsorption system operated subject to requirements specified in subpart (d)8(i) of this paragraph, a log that records:
(I) Date and time when control device is monitored for carbon breakthrough and the monitoring device reading.
(II) Date when existing carbon in the control device is replaced with fresh carbon.
(viii) Date of each control device startup and shutdown.
(ix) A remanufacturer or other person that stores or treats the hazardous secondary material designating any components of a closed-vent system as unsafe to monitor pursuant to part (d)15 of this paragraph shall record in a log that is kept at the facility the identification of closed-vent system components that are designated as unsafe to monitor in accordance with the requirements of part (d)15 of this paragraph, an explanation for each closed-vent system component stating why the closed-vent system component is unsafe to monitor, and the plan for monitoring each closed-vent system component.
(x) When each leak is detected as specified in part (d)12 of this paragraph, the following information shall be recorded:
(I) The instrument identification number, the closed-vent system component identification number, and the operator name, initials, or identification number.
(II) The date the leak was detected and the date of first attempt to repair the leak.
(III) The date of successful repair of the leak.
(IV) Maximum instrument reading measured by Method 21 of 40 CFR part 60, appendix A after it is successfully repaired or determined to be nonrepairable.
(V) "Repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.
I. The remanufacturer or other person that stores or treats the hazardous secondary material may develop a written procedure that identifies the conditions that justify a delay of repair. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure.
II. If delay of repair was caused by depletion of stocked parts, there must be documentation that the spare parts were sufficiently stocked on-site before depletion and the reason for depletion.
4. Records of the monitoring, operating, and inspection information required by subparts 3(iii) through (x) of this subparagraph shall be maintained by the owner or operator for at least 3 years following the date of each occurrence, measurement, maintenance, corrective action, or record.
5. For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, the Commissioner will specify the appropriate recordkeeping requirements.
6. Up-to-date information and data used to determine whether or not a process vent is subject to the requirements in subparagraph (c) of this paragraph including supporting documentation as required by subpart (e)4(ii) of this paragraph when application of the knowledge of the nature of the hazardous secondary material stream or the process by which it was produced is used, shall be recorded in a log that is kept at the facility.
(g) through (t) Reserved [ 40 CFR 261.1036-261.1049 ]
(28) Air Emission Standards for Equipment Leaks [ 40 CFR 261 - Subpart BB]
(a) Applicability. [ 40 CFR 261.1050 ]
1. This paragraph applies to equipment that contains hazardous secondary materials excluded under the remanufacturing exclusion at subpart (1)(d)1(xxvii) of this rule, unless the equipment operations are subject to the requirements of an applicable Clean Air Act regulation codified under 40 CFR part 60, part 61, or part 63.
2. Reserved
(b) Definitions [ 40 CFR 261.1051 ]

As used in this paragraph, all terms shall have the meaning given them in subparagraph (27)(b) of this rule, the Tennessee Hazardous Waste Management Act and subparagraph (2)(a) of Rule 0400-12-01-.01.

(c) Standards: Pumps in light liquid service [ 40 CFR 261.1052 ]
1.
(i) Each pump in light liquid service shall be monitored monthly to detect leaks by the methods specified in part (n)2 of this paragraph, except as provided in parts 4, 5 and 6 of this subparagraph.
(ii) Each pump in light liquid service shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal.
2.
(i) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(ii) If there are indications of liquids dripping from the pump seal, a leak is detected.
3.
(i) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in subparagraph (j) of this paragraph.
(ii) A first attempt at repair (e.g., tightening the packing gland) shall be made no later than 5 calendar days after each leak is detected.
4. Each pump equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of part 1 of this subparagraph, provided the following requirements are met:
(i) Each dual mechanical seal system must be:
(I) Operated with the barrier fluid at a pressure that is at all times greater than the pump stuffing box pressure;
(II) Equipped with a barrier fluid degassing reservoir that is connected by a closed-vent system to a control device that complies with the requirements of subparagraph (k) of this paragraph; or
(III) Equipped with a system that purges the barrier fluid into a hazardous secondary material stream with no detectable emissions to the atmosphere.
(ii) The barrier fluid system must not be a hazardous secondary material with organic concentrations 10 percent or greater by weight.
(iii) Each barrier fluid system must be equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both.
(iv) Each pump must be checked by visual inspection, each calendar week, for indications of liquids dripping from the pump seals.
(v)
(I) Each sensor as described in subpart (iii) of this part must be checked daily or be equipped with an audible alarm that must be checked monthly to ensure that it is functioning properly.
(II) The remanufacturer or other person that stores or treats the hazardous secondary material must determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.
(vi)
(I) If there are indications of liquids dripping from the pump seal or the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined in item (v)(II) of this part, a leak is detected.
(II) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in subparagraph (j) of this paragraph.
(III) A first attempt at repair (e.g., relapping the seal) shall be made no later than 5 calendar days after each leak is detected.
5. Any pump that is designated, as described in subpart (o)7(ii) of this paragraph, for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of parts 1, 3 and 4 of this subparagraph if the pump meets the following requirements:
(i) Must have no externally actuated shaft penetrating the pump housing.
(ii) Must operate with no detectable emissions as indicated by an instrument reading of less than 500 ppm above background as measured by the methods specified in part (n)3 of this paragraph.
(iii) Must be tested for compliance with subpart (ii) of this part initially upon designation, annually, and at other times as requested by the Commissioner.
6. If any pump is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal or seals to a control device that complies with the requirements of subparagraph (k) of this paragraph, it is exempt from the requirements of parts 1 through 5 of this subparagraph.
(d) Standards: Compressors [ 40 CFR 261.1053 ]
1. Each compressor shall be equipped with a seal system that includes a barrier fluid system and that prevents leakage of total organic emissions to the atmosphere, except as provided in parts 8 and 9 of this subparagraph.
2. Each compressor seal system as required in part 1 of this subparagraph shall be:
(i) Operated with the barrier fluid at a pressure that is at all times greater than the compressor stuffing box pressure;
(ii) Equipped with a barrier fluid system that is connected by a closed-vent system to a control device that complies with the requirements of subparagraph (k) of this paragraph; or
(iii) Equipped with a system that purges the barrier fluid into a hazardous secondary material stream with no detectable emissions to atmosphere.
3. The barrier fluid must not be a hazardous secondary material with organic concentrations 10 percent or greater by weight.
4. Each barrier fluid system as described in parts 1 through 3 of this subparagraph shall be equipped with a sensor that will detect failure of the seal system, barrier fluid system, or both.
5.
(i) Each sensor as required in part 4 of this subparagraph shall be checked daily or shall be equipped with an audible alarm that must be checked monthly to ensure that it is functioning properly unless the compressor is located within the boundary of an unmanned plant site, in which case the sensor must be checked daily.
(ii) The remanufacturer or other person that stores or treats the hazardous secondary material shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both.
6. If the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion determined under subpart 5(ii) of this subparagraph, a leak is detected.
7.
(i) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in subparagraph (j) of this paragraph.
(ii) A first attempt at repair (e.g., tightening the packing gland) shall be made no later than 5 calendar days after each leak is detected.
8. A compressor is exempt from the requirements of parts 1 and 2 of this subparagraph if it is equipped with a closed-vent system capable of capturing and transporting any leakage from the seal to a control device that complies with the requirements of subparagraph (k) of this paragraph, except as provided in part 9 of this subparagraph.
9. Any compressor that is designated, as described in subpart (o)7(ii) of this paragraph, for no detectable emissions as indicated by an instrument reading of less than 500 ppm above background is exempt from the requirements of parts 1 through 8 of this subparagraph if the compressor:
(i) Is determined to be operating with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified part (n)3 of this paragraph.
(ii) Is tested for compliance with subpart (i) of this part initially upon designation, annually, and at other times as requested by the Commissioner.
(e) Standards: Pressure relief devices in gas/vapor service [ 40 CFR 261.1054 ]
1. Except during pressure releases, each pressure relief device in gas/vapor service shall be operated with no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in part (n)3 of this paragraph.
2.
(i) After each pressure release, the pressure relief device shall be returned to a condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as soon as practicable, but no later than 5 calendar days after each pressure release, except as provided in subparagraph (j) of this paragraph.
(ii) No later than 5 calendar days after the pressure release, the pressure relief device shall be monitored to confirm the condition of no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, as measured by the method specified in part (n)3 of this paragraph.
3. Any pressure relief device that is equipped with a closed-vent system capable of capturing and transporting leakage from the pressure relief device to a control device as described in subparagraph (k) of this paragraph is exempt from the requirements of parts 1 and 2 of this subparagraph.
(f) Standards: Sampling connection systems [ 40 CFR 261.1055 ]
1. Each sampling connection system shall be equipped with a closed-purge, closed-loop, or closed-vent system. This system shall collect the sample purge for return to the process or for routing to the appropriate treatment system. Gases displaced during filling of the sample container are not required to be collected or captured.
2. Each closed-purge, closed-loop, or closed-vent system as required in part 1 of this subparagraph shall meet one of the following requirements:
(i) Return the purged process fluid directly to the process line;
(ii) Collect and recycle the purged process fluid; or
(iii) Be designed and operated to capture and transport all the purged process fluid to a material management unit that complies with the applicable requirements of subparagraphs (29)(e) through (g) of this rule or a control device that complies with the requirements of subparagraph (k) of this paragraph.
3. In-situ sampling systems and sampling systems without purges are exempt from the requirements of parts 1 and 2 of this subparagraph.
(g) Standards: Open-ended valves or lines [ 40 CFR 261.1056 ]
1.
(i) Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve.
(ii) The cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring hazardous secondary material stream flow through the open-ended valve or line.
2. Each open-ended valve or line equipped with a second valve shall be operated in a manner such that the valve on the hazardous secondary material stream end is closed before the second valve is closed.
3. When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with part 1 of this subparagraph at all other times.
(h) Standards: Valves in gas/vapor service or in light liquid service [ 40 CFR 261.1057 ]
1. Each valve in gas/vapor or light liquid service shall be monitored monthly to detect leaks by the methods specified in part (n)2 of this paragraph and shall comply with parts 2 through 5 of this subparagraph, except as provided in parts 6, 7 and 8 of this subparagraph and subparagraphs (l) and (m) of this paragraph.
2. If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
3.
(i) Any valve for which a leak is not detected for two successive months may be monitored the first month of every succeeding quarter, beginning with the next quarter, until a leak is detected.
(ii) If a leak is detected, the valve shall be monitored monthly until a leak is not detected for two successive months.
4.
(i) When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in subparagraph (j) of this paragraph.
(ii) A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.
5. First attempts at repair include, but are not limited to, the following best practices where practicable:
(i) Tightening of bonnet bolts.
(ii) Replacement of bonnet bolts.
(iii) Tightening of packing gland nuts.
(iv) Injection of lubricant into lubricated packing.
6. Any valve that is designated, as described in subpart (o)7(ii) of this paragraph, for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, is exempt from the requirements of part 1 of this subparagraph if the valve:
(i) Has no external actuating mechanism in contact with the hazardous secondary material stream.
(ii) Is operated with emissions less than 500 ppm above background as determined by the method specified in part (n)3 of this paragraph.
(iii) Is tested for compliance with subpart 6(ii) of this subparagraph initially upon designation, annually, and at other times as requested by the Commissioner.
7. Any valve that is designated, as described in subpart (o)8(i) of this paragraph, as an unsafe-to-monitor valve is exempt from the requirements of part 1 of this subparagraph if:
(i) The remanufacturer or other person that stores or treats the hazardous secondary material determines that the valve is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with part 1 of this subparagraph.
(ii) The remanufacturer or other person that stores or treats the hazardous secondary material adheres to a written plan that requires monitoring of the valve as frequently as practicable during safe-to-monitor times.
8. Any valve that is designated, as described in subpart (o)8(ii) of this paragraph, as a difficult-to-monitor valve is exempt from the requirements of part 1 of this subparagraph if:
(i) The remanufacturer or other person that stores or treats the hazardous secondary material determines that the valve cannot be monitored without elevating the monitoring personnel more than 2 meters above a support surface.
(ii) The hazardous secondary material management unit within which the valve is located was in operation before January 13, 2015.
(iii) The owner or operator of the valve follows a written plan that requires monitoring of the valve at least once per calendar year.
(i) Standards: Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors [ 40 CFR 261.1058 ]
1. Pumps and valves in heavy liquid service, pressure relief devices in light liquid or heavy liquid service, and flanges and other connectors shall be monitored within 5 days by the method specified in part (n)2 of this paragraph if evidence of a potential leak is found by visual, audible, olfactory, or any other detection method.
2. If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
3.
(i) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in subparagraph (j) of this paragraph.
(ii) The first attempt at repair shall be made no later than 5 calendar days after each leak is detected.
4. First attempts at repair include, but are not limited to, the best practices described under part (h)5 of this paragraph.
5. Any connector that is inaccessible or is ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined) is exempt from the monitoring requirements of part 1 of this subparagraph and from the recordkeeping requirements of subparagraph (o) of this paragraph.
(j) Standards: Delay of repair [ 40 CFR 261.1059 ]
1. Delay of repair of equipment for which leaks have been detected will be allowed if the repair is technically infeasible without a hazardous secondary material management unit shutdown. In such a case, repair of this equipment shall occur before the end of the next hazardous secondary material management unit shutdown.
2. Delay of repair of equipment for which leaks have been detected will be allowed for equipment that is isolated from the hazardous secondary material management unit and that does not continue to contain or contact hazardous secondary material with organic concentrations at least 10 percent by weight.
3. Delay of repair for valves will be allowed if:
(i) The remanufacturer or other person that stores or treats the hazardous secondary material determines that emissions of purged material resulting from immediate repair are greater than the emissions likely to result from delay of repair.
(ii) When repair procedures are effected, the purged material is collected and destroyed or recovered in a control device complying with subparagraph (k) of this paragraph.
4. Delay of repair for pumps will be allowed if:
(i) Repair requires the use of a dual mechanical seal system that includes a barrier fluid system.
(ii) Repair is completed as soon as practicable, but not later than 6 months after the leak was detected.
5. Delay of repair beyond a hazardous secondary material management unit shutdown will be allowed for a valve if valve assembly replacement is necessary during the hazardous secondary material management unit shutdown, valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the next hazardous secondary material management unit shutdown will not be allowed unless the next hazardous secondary material management unit shutdown occurs sooner than 6 months after the first hazardous secondary material management unit shutdown.
(k) Standards: Closed-vent systems and control devices [ 40 CFR 261.1060 ]
1. The remanufacturer or other person that stores or treats the hazardous secondary material in a hazardous secondary material management units using closed-vent systems and control devices subject to this paragraph shall comply with the provisions of subparagraph (27)(d) of this rule.
2.
(i) The remanufacturer or other person that stores or treats the hazardous secondary material at an existing facility who cannot install a closed-vent system and control device to comply with the provisions of this paragraph on the effective date that the facility becomes subject to the provisions of this paragraph must prepare an implementation schedule that includes dates by which the closed-vent system and control device will be installed and in operation. The controls must be installed as soon as possible, but the implementation schedule may allow up to 30 months after the effective date that the facility becomes subject to this paragraph for installation and startup.
(ii) Any unit that begins operation after July 13, 2015 and is subject to the provisions of this paragraph when operation begins, must comply with the rules immediately (i.e., must have control devices installed and operating on startup of the affected unit); the 30-month implementation schedule does not apply.
(iii) The remanufacturer or other person that stores or treats the hazardous secondary material at any facility in existence on the effective date of a statutory or regulatory amendment that renders the facility subject to this paragraph shall comply with all requirements of this paragraph as soon as practicable but no later than 30 months after the amendment's effective date. When control equipment required by this paragraph cannot be installed and begin operation by the effective date of the amendment, the facility owner or operator shall prepare an implementation schedule that includes the following information: Specific calendar dates for award of contracts or issuance of purchase orders for the control equipment, initiation of on-site installation of the control equipment, completion of the control equipment installation, and performance of any testing to demonstrate that the installed equipment meets the applicable standards of this paragraph. The remanufacturer or other person that stores or treats the hazardous secondary material shall keep a copy of the implementation schedule at the facility.
(iv) Remanufacturers or other persons that store or treat the hazardous secondary materials at facilities and units already subject to federal law, due to an action other than those described in subpart 2(ii) of this subparagraph must comply with all applicable requirements immediately (i.e., must have control devices installed and operating on the date the facility or unit becomes subject to this subpart; the 30-month implementation schedule does not apply).
(l) Alternative standards for valves in gas/vapor service or in light liquid service: percentage of valves allowed to leak [ 40 CFR 261.1061 ]
1. A remanufacturer or other person that stores or treats the hazardous secondary material subject to the requirements of subparagraph (h) of this paragraph may elect to have all valves within a hazardous secondary material management unit comply with an alternative standard that allows no greater than 2 percent of the valves to leak.
2. The following requirements shall be met if a remanufacturer or other person that stores or treats the hazardous secondary material decides to comply with the alternative standard of allowing 2 percent of valves to leak:
(i) A performance test as specified in part 3 of this subparagraph shall be conducted initially upon designation, annually, and at other times requested by the Commissioner.
(ii) If a valve leak is detected, it shall be repaired in accordance with parts (h)4 and 5 of this paragraph.
3. Performance tests shall be conducted in the following manner:
(i) All valves subject to the requirements in subparagraph (h) of this paragraph within the hazardous secondary material management unit shall be monitored within 1 week by the methods specified in part (n)2 of this paragraph.
(ii) If an instrument reading of 10,000 ppm or greater is measured, a leak is detected.
(iii) The leak percentage shall be determined by dividing the number of valves subject to the requirements in subparagraph (h) of this paragraph for which leaks are detected by the total number of valves subject to the requirements in subparagraph (h) of this paragraph within the hazardous secondary material management unit.
(m) Alternative standards for valves in gas/vapor service or in light liquid service: skip period leak detection and repair [ 40 CFR 261.1062 ]
1. A remanufacturer or other person that stores or treats the hazardous secondary material subject to the requirements of subparagraph (h) of this paragraph may elect for all valves within a hazardous secondary material management unit to comply with one of the alternative work practices specified in subparts 2(ii) and (iii) of this subparagraph.
2.
(i) A remanufacturer or other person that stores or treats the hazardous secondary material shall comply with the requirements for valves, as described in subparagraph (h) of this paragraph, except as described in subparts (ii) and (iii) of this part.
(ii) After two consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, a remanufacturer or other person that stores or treats the hazardous secondary material may begin to skip one of the quarterly leak detection periods (i.e., monitor for leaks once every 6 months) for the valves subject to the requirements in subparagraph (h) of this paragraph.
(iii) After 5 consecutive quarterly leak detection periods with the percentage of valves leaking equal to or less than 2 percent, a remanufacturer or other person that stores or treats the hazardous secondary material may begin to skip 3 of the quarterly leak detection periods (i.e., monitor for leaks once every year) for the valves subject to the requirements in subparagraph (h) of this paragraph.
(iv) If the percentage of valves leaking is greater than 2 percent, the remanufacturer or other person that stores or treats the hazardous secondary material shall monitor monthly in compliance with the requirements in subparagraph (h) of this paragraph, but may again elect to use this subparagraph after meeting the requirements of subpart (h)3(i) of this paragraph.
(n) Test methods and procedures [ 40 CFR 261.1063 ]
1. Each remanufacturer or other person that stores or treats the hazardous secondary material subject to the provisions of this paragraph shall comply with the test methods and procedures requirements provided in this subparagraph.
2. Leak detection monitoring, as required in subparagraph (c) through (m) of this paragraph, shall comply with the following requirements:
(i) Monitoring shall comply with Reference Method 21 in 40 CFR part 60.
(ii) The detection instrument shall meet the performance criteria of Reference Method 21.
(iii) The instrument shall be calibrated before use on each day of its use by the procedures specified in Reference Method 21.
(iv) Calibration gases shall be:
(I) Zero air (less than 10 ppm of hydrocarbon in air).
(II) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppm methane or n-hexane.
(v) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.
3. When equipment is tested for compliance with no detectable emissions, as required in (c)5, part (d)9, subparagraph (e) and part (h)6 of this paragraph, the test shall comply with the following requirements:
(i) The requirements of subparts 2(i) through (iv) of this subparagraph shall apply.
(ii) The background level shall be determined as set forth in Reference Method 21.
(iii) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Reference Method 21.
(iv) The arithmetic difference between the maximum concentration indicated by the instrument and the background level is compared with 500 ppm for determining compliance.
4. A remanufacturer or other person that stores or treats the hazardous secondary material must determine, for each piece of equipment, whether the equipment contains or contacts a hazardous secondary material with organic concentration that equals or exceeds 10 percent by weight using the following:
(i) Methods described in ASTM Methods D 2267-88, E 169-87, E 168-88, E 260-85 (incorporated by reference under subparagraph (2)(b) of Rule 0400-12-01-.01 );
(ii) Method 9060A (incorporated by reference under subparagraph (2)(b) of Rule 0400-12-01-.01 ) of "Test Methods for Evaluating Solid Waste," EPA Publication SW-846, for computing total organic concentration of the sample, or analyzed for its individual organic constituents; or
(iii) Application of the knowledge of the nature of the hazardous secondary material stream or the process by which it was produced. Documentation of a material determination by knowledge is required. Examples of documentation that shall be used to support a determination under this provision include production process information documenting that no organic compounds are used, information that the material is generated by a process that is identical to a process at the same or another facility that has previously been demonstrated by direct measurement to have a total organic content less than 10 percent, or prior speciation analysis results on the same material stream where it can also be documented that no process changes have occurred since that analysis that could affect the material total organic concentration.
5. If a remanufacturer or other person that stores or treats the hazardous secondary material determines that a piece of equipment contains or contacts a hazardous secondary material with organic concentrations at least 10 percent by weight, the determination can be revised only after following the procedures in subparts 4(i) or (ii) of this subparagraph.
6. When a remanufacturer or other person that stores or treats the hazardous secondary material and the Commissioner do not agree on whether a piece of equipment contains or contacts a hazardous secondary material with organic concentrations at least 10 percent by weight, the procedures in subparts 4(i) or (ii) of this subparagraph can be used to resolve the dispute.
7. Samples used in determining the percent organic content shall be representative of the highest total organic content hazardous secondary material that is expected to be contained in or contact the equipment.
8. To determine if pumps or valves are in light liquid service, the vapor pressures of constituents may be obtained from standard reference texts or may be determined by ASTM D-2879-86 (incorporated by reference under subparagraph (2)(b) of Rule 0400-12-01-.01 ).
9. Performance tests to determine if a control device achieves 95 weight percent organic emission reduction shall comply with the procedures of subparts (27)(e)3(i) through (iv) of this rule.
(o) Recordkeeping requirements [ 40 CFR 261.1064 ]
1.
(i) Each remanufacturer or other person that stores or treats the hazardous secondary material subject to the provisions of this paragraph shall comply with the recordkeeping requirements of this subparagraph.
(ii) A remanufacturer or other person that stores or treats the hazardous secondary material in more than one hazardous secondary material management unit subject to the provisions of this subpart may comply with the recordkeeping requirements for these hazardous secondary material management units in one recordkeeping system if the system identifies each record by each hazardous secondary material management unit.
2. Remanufacturers and other persons that store or treat the hazardous secondary material must record and keep the following information at the facility:
(i) For each piece of equipment to which this paragraph applies:
(I) Equipment identification number and hazardous secondary material management unit identification.
(II) Approximate locations within the facility (e.g., identify the hazardous secondary material management unit on a facility plot plan).
(III) Type of equipment (e.g., a pump or pipeline valve).
(IV) Percent-by-weight total organics in the hazardous secondary material stream at the equipment.
(V) Hazardous secondary material state at the equipment (e.g., gas/vapor or liquid).
(VI) Method of compliance with the standard (e.g., "monthly leak detection and repair" or "equipped with dual mechanical seals").
(ii) For facilities that comply with the provisions of subpart (27)(d)1(ii) of this rule, an implementation schedule as specified in subpart (27)(d)1(ii) of this rule.
(iii) Where a remanufacturer or other person that stores or treats the hazardous secondary material chooses to use test data to demonstrate the organic removal efficiency or total organic compound concentration achieved by the control device, a performance test plan as specified in subpart (27)(f)2(iii) of this rule.
(iv) Documentation of compliance with subparagraph (k) of this paragraph, including the detailed design documentation or performance test results specified in subpart (27)(f)2(iv) of this rule.
3. When each leak is detected as specified in subparagraphs (c), (d), (h) and (i) of this paragraph, the following requirements apply:
(i) A weatherproof and readily visible identification, marked with the equipment identification number, the date evidence of a potential leak was found in accordance with part (i)1 of this paragraph, and the date the leak was detected, shall be attached to the leaking equipment.
(ii) The identification on equipment, except on a valve, may be removed after it has been repaired.
(iii) The identification on a valve may be removed after it has been monitored for 2 successive months as specified in part (h)3 of this paragraph and no leak has been detected during those two months.
4. When each leak is detected as specified in subparagraphs (c), (d), (h) and (i) of this paragraph, the following information shall be recorded in an inspection log and shall be kept at the facility:
(i) The instrument and operator identification numbers and the equipment identification number.
(ii) The date evidence of a potential leak was found in accordance with part (i)1 of this paragraph.
(iii) The date the leak was detected and the dates of each attempt to repair the leak.
(iv) Repair methods applied in each attempt to repair the leak.
(v) "Above 10,000" if the maximum instrument reading measured by the methods specified in part (n)2 of this paragraph after each repair attempt is equal to or greater than 10,000 ppm.
(vi) "Repair delayed" and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak.
(vii) Documentation supporting the delay of repair of a valve in compliance with part (j)3 of this paragraph.
(viii) The signature of the remanufacturer or other person that stores or treats the hazardous secondary material (or designate) whose decision it was that repair could not be effected without a hazardous secondary material management unit shutdown.
(ix) The expected date of successful repair of the leak if a leak is not repaired within 15 calendar days.
(x) The date of successful repair of the leak.
5. Design documentation and monitoring, operating, and inspection information for each closed-vent system and control device required to comply with the provisions of subparagraph (k) of this paragraph shall be recorded and kept up-to-date at the facility as specified in part (27)(f)3 of this rule. Design documentation is specified in subparts (27)(f)3(i) and (ii) of this rule and monitoring, operating, and inspection information in subparts (27)(f)3(iii) through (viii) of this rule.
6. For a control device other than a thermal vapor incinerator, catalytic vapor incinerator, flare, boiler, process heater, condenser, or carbon adsorption system, the Commissioner will specify the appropriate recordkeeping requirements.
7. The following information pertaining to all equipment subject to the requirements in subparagraphs (c) through (k) of this paragraph shall be recorded in a log that is kept at the facility:
(i) A list of identification numbers for equipment (except welded fittings) subject to the requirements of this paragraph.
(ii)
(I) A list of identification numbers for equipment that the remanufacturer or other person that stores or treats the hazardous secondary material elects to designate for no detectable emissions, as indicated by an instrument reading of less than 500 ppm above background, under the provisions of parts (c)5, (d)9 and (h)6 of this paragraph.
(II) The designation of this equipment as subject to the requirements of parts (c)5, (d)9 and (h)6 of this paragraph shall be signed by the remanufacturer or other person that stores or treats the hazardous secondary material.
(iii) A list of equipment identification numbers for pressure relief devices required to comply with part (e)1 of this paragraph.
(iv)
(I) The dates of each compliance test required in part (c)5, part (d)9, subparagraph (e) and part (h)6 of this paragraph.
(II) The background level measured during each compliance test.
(III) The maximum instrument reading measured at the equipment during each compliance test.
(v) A list of identification numbers for equipment in vacuum service.
(vi) Identification, either by list or location (area or group) of equipment that contains or contacts hazardous secondary material with an organic concentration of at least 10 percent by weight for less than 300 hours per calendar year.
8. The following information pertaining to all valves subject to the requirements of parts (h)7 and 8 of this paragraph shall be recorded in a log that is kept at the facility:
(i) A list of identification numbers for valves that are designated as unsafe to monitor, an explanation for each valve stating why the valve is unsafe to monitor, and the plan for monitoring each valve.
(ii) A list of identification numbers for valves that are designated as difficult to monitor, an explanation for each valve stating why the valve is difficult to monitor, and the planned schedule for monitoring each valve.
9. The following information shall be recorded in a log that is kept at the facility for valves complying with subparagraph (m) of this paragraph:
(i) A schedule of monitoring.
(ii) The percent of valves found leaking during each monitoring period.
10. The following information shall be recorded in a log that is kept at in the facility:
(i) Criteria required in item (c)4(v)(II) and subpart (d)5(ii) of this paragraph and an explanation of the design criteria.
(ii) Any changes to these criteria and the reasons for the changes.
11. The following information shall be recorded in a log that is kept at the facility for use in determining exemptions as provided in the applicability subparagraph of this paragraph and other specific paragraphs:
(i) An analysis determining the design capacity of the hazardous secondary material management unit.
(ii) A statement listing the hazardous secondary material influent to and effluent from each hazardous secondary material management unit subject to the requirements in subparagraphs (c) through (k) of this paragraph and an analysis determining whether these hazardous secondary materials are heavy liquids.
(iii) An up-to-date analysis and the supporting information and data used to determine whether or not equipment is subject to the requirements in subparagraphs (c) through (k) of this paragraph. The record shall include supporting documentation as required by subpart (n)4(iii) of this paragraph when application of the knowledge of the nature of the hazardous secondary material stream or the process by which it was produced is used. If the remanufacturer or other person that stores or treats the hazardous secondary material takes any action (e.g., changing the process that produced the material) that could result in an increase in the total organic content of the material contained in or contacted by equipment determined not to be subject to the requirements in subparagraphs (c) through (k) of this paragraph, then a new determination is required.
12. Records of the equipment leak information required by part 4 of this subparagraph and the operating information required by part 5 of this subparagraph need be kept only three years.
13. The remanufacturer or other person that stores or treats the hazardous secondary material at a facility with equipment that is subject to this paragraph and to regulations at 40 CFR part 60, part 61, or part 63 may elect to determine compliance with this paragraph either by documentation pursuant to this paragraph, or by documentation of compliance with the regulations at 40 CFR part 60, part 61, or part 63 pursuant to the relevant provisions of the regulations at 40 part 60, part 61, or part 63. The documentation of compliance under regulations at 40 CFR part 60, part 61, or part 63 shall be kept with or made readily available at the facility.
(p) through (dd) Reserved [ 40 CFR 261.1065-261.1079 ]
(29) Air Emission Standards for Tanks and Containers [ 40 CFR 261 - Subpart CC]
(a) Applicability [ 40 CFR 261.1080 ]
1. This paragraph applies to tanks and containers that contain hazardous secondary materials excluded under the remanufacturing exclusion at subpart (1)(d)1(xxvii) of this rule, unless the tanks and containers are equipped with and operating air emission controls in accordance with the requirements of an applicable Clean Air Act regulations codified under 40 CFR part 60, part 61, or part 63.
2. Reserved
(b) Definitions [ 40 CFR 261.1081 ]

As used in this subpart, all terms not defined herein shall have the meaning given to them in the Act and Rules 0400-12-01-.01 through 0400-12-01-.06 and 0400-12-01.09.

"Average volatile organic concentration" or "average VO concentration" means the mass-weighted average volatile organic concentration of a hazardous secondary material as determined in accordance with the requirements of subparagraph (e) of this paragraph.

"Closure device" means a cap, hatch, lid, plug, seal, valve, or other type of fitting that blocks an opening in a cover such that when the device is secured in the closed position it prevents or reduces air pollutant emissions to the atmosphere. Closure devices include devices that are detachable from the cover (e.g., a sampling port cap), manually operated (e.g., a hinged access lid or hatch), or automatically operated (e.g., a spring-loaded pressure relief valve).

"Continuous seal" means a seal that forms a continuous closure that completely covers the space between the edge of the floating roof and the wall of a tank. A continuous seal may be a vapor-mounted seal, liquid-mounted seal, or metallic shoe seal. A continuous seal may be constructed of fastened segments so as to form a continuous seal.

"Cover" means a device that provides a continuous barrier over the hazardous secondary material managed in a unit to prevent or reduce air pollutant emissions to the atmosphere. A cover may have openings (such as access hatches, sampling ports, gauge wells) that are necessary for operation, inspection, maintenance, and repair of the unit on which the cover is used. A cover may be a separate piece of equipment which can be detached and removed from the unit or a cover may be formed by structural features permanently integrated into the design of the unit.

"Empty hazardous secondary material container" means:

1. A container from which all hazardous secondary materials have been removed that can be removed using the practices commonly employed to remove materials from that type of container, e.g., pouring, pumping, and aspirating, and no more than 2.5 centimeters (one inch) of residue remain on the bottom of the container or inner liner;
2. A container that is less than or equal to 119 gallons in size and no more than 3 percent by weight of the total capacity of the container remains in the container or inner liner; or
3. A container that is greater than 119 gallons in size and no more than 0.3 percent by weight of the total capacity of the container remains in the container or inner liner.

"Enclosure" means a structure that surrounds a tank or container, captures organic vapors emitted from the tank or container, and vents the captured vapors through a closed-vent system to a control device.

"External floating roof" means a pontoon-type or double-deck type cover that rests on the surface of the material managed in a tank with no fixed roof.

"Fixed roof" means a cover that is mounted on a unit in a stationary position and does not move with fluctuations in the level of the material managed in the unit.

"Floating membrane cover" means a cover consisting of a synthetic flexible membrane material that rests upon and is supported by the hazardous secondary material being managed in a surface impoundment.

"Floating roof" means a cover consisting of a double deck, pontoon single deck, or internal floating cover which rests upon and is supported by the material being contained, and is equipped with a continuous seal.

"Hard-piping" means pipe or tubing that is manufactured and properly installed in accordance with relevant standards and good engineering practices.

"In light material service" means the container is used to manage a material for which both of the following conditions apply: The vapor pressure of one or more of the organic constituents in the material is greater than 0.3 kilopascals (kPa) at 20°C; and the total concentration of the pure organic constituents having a vapor pressure greater than 0.3 kPa at 20°C is equal to or greater than 20 percent by weight.

"Internal floating roof" means a cover that rests or floats on the material surface (but not necessarily in complete contact with it) inside a tank that has a fixed roof.

"Liquid-mounted seal" means a foam or liquid-filled primary seal mounted in contact with the hazardous secondary material between the tank wall and the floating roof continuously around the circumference of the tank.

"Malfunction" means any sudden, infrequent, and not reasonably preventable failure of air pollution control equipment, process equipment, or a process to operate in a normal or usual manner. Failures that are caused in part by poor maintenance or careless operation are not malfunctions.

"Material determination" means performing all applicable procedures in accordance with the requirements of subparagraph (e) of this paragraph to determine whether a hazardous secondary material meets standards specified in this paragraph. Examples of a material determination include performing the procedures in accordance with the requirements of subparagraph (e) of this paragraph to determine the average VO concentration of a hazardous secondary material at the point of material origination; the average VO concentration of a hazardous secondary material at the point of material treatment and comparing the results to the exit concentration limit specified for the process used to treat the hazardous secondary material; the organic reduction efficiency and the organic biodegradation efficiency for a biological process used to treat a hazardous secondary material and comparing the results to the applicable standards; or the maximum volatile organic vapor pressure for a hazardous secondary material in a tank and comparing the results to the applicable standards.

"Maximum organic vapor pressure" means the sum of the individual organic constituent partial pressures exerted by the material contained in a tank, at the maximum vapor pressure-causing conditions (i.e., temperature, agitation, pH effects of combining materials, etc.) reasonably expected to occur in the tank. For the purpose of this paragraph, maximum organic vapor pressure is determined using the procedures specified in part (e)3 of this paragraph.

"Metallic shoe seal" means a continuous seal that is constructed of metal sheets which are held vertically against the wall of the tank by springs, weighted levers, or other mechanisms and is connected to the floating roof by braces or other means. A flexible coated fabric (envelope) spans the annular space between the metal sheet and the floating roof.

"No detectable organic emissions" means no escape of organics to the atmosphere as determined using the procedure specified in part (e)4 of this paragraph.

"Point of material origination" means as follows:

1. When the remanufacturer or other person that stores or treats the hazardous secondary material is the generator of the hazardous secondary material, the point of material origination means the point where a material produced by a system, process, or material management unit is determined to be a hazardous secondary material excluded under subpart (1)(d)1(xxvii) of this rule.

(Note: This term is being used in a manner similar to the use of the term "point of generation" in air standards established under authority of the Clean Air Act in 40 CFR parts 60, 61, and 63.)

2. When the remanufacturer or other person that stores or treats the hazardous secondary material is not the generator of the hazardous secondary material, point of material origination means the point where the remanufacturer or other person that stores or treats the hazardous secondary material accepts delivery or takes possession of the hazardous secondary material.

"Safety device" means a closure device such as a pressure relief valve, frangible disc, fusible plug, or any other type of device which functions exclusively to prevent physical damage or permanent deformation to a unit or its air emission control equipment by venting gases or vapors directly to the atmosphere during unsafe conditions resulting from an unplanned, accidental, or emergency event. For the purpose of this paragraph, a safety device is not used for routine venting of gases or vapors from the vapor headspace underneath a cover such as during filling of the unit or to adjust the pressure in this vapor headspace in response to normal daily diurnal ambient temperature fluctuations. A safety device is designed to remain in a closed position during normal operations and open only when the internal pressure, or another relevant parameter, exceeds the device threshold setting applicable to the air emission control equipment as determined by the remanufacturer or other person that stores or treats the hazardous secondary material based on manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials.

"Single-seal system" means a floating roof having one continuous seal. This seal may be vapor-mounted, liquid-mounted, or a metallic shoe seal.

"Vapor-mounted seal" means a continuous seal that is mounted such that there is a vapor space between the hazardous secondary material in the unit and the bottom of the seal.

"Volatile organic concentration" or "VO concentration" means the fraction by weight of the volatile organic compounds contained in a hazardous secondary material expressed in terms of parts per million (ppmw) as determined by direct measurement or by knowledge of the material in accordance with the requirements of subparagraph (e) of this paragraph. For the purpose of determining the VO concentration of a hazardous secondary material, organic compounds with a Henry's law constant value of at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in the liquid-phase (0.1 Y/X) (which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3) at 25ºC must be included.

(c) Standards: General [ 40 CFR 261.1082 ]
1. This subparagraph applies to the management of hazardous secondary material in tanks and containers subject to this paragraph.
2. The remanufacturer or other person that stores or treats the hazardous secondary material shall control air pollutant emissions from each hazardous secondary material management unit in accordance with standards specified in subparagraphs (e) through (h) of this paragraph, as applicable to the hazardous secondary material management unit, except as provided for in part 3 of this subparagraph.
3. A tank or container is exempt from standards specified in subparagraphs (e) through (h) of this paragraph, as applicable, provided that the hazardous secondary material management unit is a tank or container for which all hazardous secondary material entering the unit has an average VO concentration at the point of material origination of less than 500 parts per million by weight (ppmw). The average VO concentration shall be determined using the procedures specified in part (d)1 of this paragraph. The remanufacturer or other person that stores or treats the hazardous secondary material shall review and update, as necessary, this determination at least once every 12 months following the date of the initial determination for the hazardous secondary material streams entering the unit.
(d) Material determination procedures [ 40 CFR 261.1083 ]
1. Material determination procedure to determine average volatile organic (VO) concentration of a hazardous secondary material at the point of material origination
(i) Determining average VO concentration at the point of material origination. A remanufacturer or other person that stores or treats the hazardous secondary material shall determine the average VO concentration at the point of material origination for each hazardous secondary material placed in a hazardous secondary material management unit exempted under the provisions of part (c)3 of this paragraph from using air emission controls in accordance with standards specified in subparagraphs (e) through (h) of this paragraph, as applicable to the hazardous secondary material management unit.
(I) An initial determination of the average VO concentration of the material stream shall be made before the first time any portion of the material in the hazardous secondary material stream is placed in a hazardous secondary material management unit exempted under the provisions of part (c)3 of this paragraph from using air emission controls, and thereafter an initial determination of the average VO concentration of the material stream shall be made for each averaging period that a hazardous secondary material is managed in the unit; and
(II) Perform a new material determination whenever changes to the source generating the material stream are reasonably likely to cause the average VO concentration of the hazardous secondary material to increase to a level that is equal to or greater than the applicable VO concentration limits specified in subparagraph (c) of this paragraph.
(ii) Determination of average VO concentration using direct measurement or knowledge. For a material determination that is required by subpart (i) of this part, the average VO concentration of a hazardous secondary material at the point of material origination shall be determined using either direct measurement as specified in subpart (iii) of this part or by knowledge as specified in subpart (iv) of this part.
(iii) Direct measurement to determine average VO concentration of a hazardous secondary material at the point of material origination
(I) Identification. The remanufacturer or other person that stores or treats the hazardous secondary material shall identify and record in a log that is kept at the facility the point of material origination for the hazardous secondary material.
(II) Sampling. Samples of the hazardous secondary material stream shall be collected at the point of material origination in a manner such that volatilization of organics contained in the material and in the subsequent sample is minimized and an adequately representative sample is collected and maintained for analysis by the selected method.
I. The averaging period to be used for determining the average VO concentration for the hazardous secondary material stream on a mass-weighted average basis shall be designated and recorded. The averaging period can represent any time interval that the remanufacturer or other person that stores or treats the hazardous secondary material determines is appropriate for the hazardous secondary material stream but shall not exceed 1 year.
II. A sufficient number of samples, but no less than 4samples, shall be collected and analyzed for a hazardous secondary material determination. All of the samples for a given material determination shall be collected within a one-hour period. The average of the 4 or more sample results constitutes a material determination for the material stream. One or more material determinations may be required to represent the complete range of material compositions and quantities that occur during the entire averaging period due to normal variations in the operating conditions for the source or process generating the hazardous secondary material stream. Examples of such normal variations are seasonal variations in material quantity or fluctuations in ambient temperature.
III. All samples shall be collected and handled in accordance with written procedures prepared by the remanufacturer or other person that stores or treats the hazardous secondary material and documented in a site sampling plan. This plan shall describe the procedure by which representative samples of the hazardous secondary material stream are collected such that a minimum loss of organics occurs throughout the sample collection and handling process, and by which sample integrity is maintained. A copy of the written sampling plan shall be maintained at the facility. An example of acceptable sample collection and handling procedures for a total volatile organic constituent concentration may be found in Method 25D in 40 CFR part 60 , appendix A.
IV. Sufficient information, as specified in the "site sampling plan" required under subitem III of this item, shall be prepared and recorded to document the material quantity represented by the samples and, as applicable, the operating conditions for the source or process generating the hazardous secondary material represented by the samples.
(III) Analysis. Each collected sample shall be prepared and analyzed in accordance with Method 25D in 40 CFR part 60, appendix A for the total concentration of volatile organic constituents, or using one or more methods when the individual organic compound concentrations are identified and summed and the summed material concentration accounts for and reflects all organic compounds in the material with Henry's law constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25°C. At the discretion of the remanufacturer or other person that stores or treats the hazardous secondary material, the test data obtained may be adjusted by any appropriate method to discount any contribution to the total volatile organic concentration that is a result of including a compound with a Henry's law constant value of less than 0.1 Y/X at 25°C. To adjust these data, the measured concentration of each individual chemical constituent contained in the material is multiplied by the appropriate constituent-specific adjustment factor (fm25D). If the remanufacturer or other person that stores or treats the hazardous secondary material elects to adjust the test data, the adjustment must be made to all individual chemical constituents with a Henry's law constant value greater than or equal to 0.1 Y/X at 25 degrees Celsius contained in the material. Constituent-specific adjustment factors (fm25D) can be obtained by contacting the Waste and Chemical Processes Group, Office of Air Quality Planning and Standards, Research Triangle Park, NC 27711. Other test methods may be used if they meet the requirements in subitem I or II of this item and provided the requirement to reflect all organic compounds in the material with Henry's law constant values greater than or equal to 0.1 Y/X [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25°C, is met.
I. Any EPA standard method that has been validated in accordance with "Alternative Validation Procedure for EPA Waste and Wastewater Methods," 40 CFR part 63 , appendix D.
II. Any other analysis method that has been validated in accordance with the procedures specified in Section 5.1 or Section 5.3, and the corresponding calculations in Section 6.1 or Section 6.3, of Method 301 in 40 CFR part 63, appendix A. The data are acceptable if they meet the criteria specified in Section 6.1.5 or Section 6.3.3 of Method 301. If correction is required under section 6.3.3 of Method 301, the data are acceptable if the correction factor is within the range 0.7 to 1.30. Other sections of Method 301 are not required.
(IV) Calculations
I. The average VO concentration (C) on a mass-weighted basis shall be calculated by using the results for all material determinations conducted in accordance with paragraphs items (II) and (III) of this subpart and the following equation:

Click here to view image

Where:

[C-BAR]= Average VO concentration of the hazardous secondary material at the point of material origination on a mass-weighted basis, ppmw.

i = Individual waste determination "i" of the hazardous secondary material.

n = Total number of material determinations of the hazardous secondary material conducted for the averaging period (not to exceed 1 year).

Qi = Mass quantity of hazardous secondary material stream represented by Ci, kg/hr.

QT = Total mass quantity of hazardous secondary material during the averaging period, kg/hr.

Ci = Measured VO concentration of material determination "i" as determined in accordance with the requirements of item (III) of this subpart (i.e. the average of the four or more samples specified in subitem (II)II of this subpart), ppmw.

II. For the purpose of determining Ci, for individual material samples analyzed in accordance with item III of this subpart, the remanufacturer or other person that stores or treats the hazardous secondary material shall account for VO concentrations determined to be below the limit of detection of the analytical method by using the following VO concentration:
A. If Method 25D in 40 CFR part 60, appendix A is used for the analysis, one-half the blank value determined in the method at section 4.4 of Method 25D in 40 CFR part 60, appendix A.
B. If any other analytical method is used, one-half the sum of the limits of detection established for each organic constituent in the material that has a Henry's law constant values at least 0.1 mole-fraction-in-the-gas-phase/mole-fraction-in-the-liquid-phase (0.1 Y/X) [which can also be expressed as 1.8 x 10-6 atmospheres/gram-mole/m3] at 25°C.
(iv) Use of knowledge by the remanufacturer or other person that stores or treats the hazardous secondary material to determine average VO concentration of a hazardous secondary material at the point of material origination
(I) Documentation shall be prepared that presents the information used as the basis for the knowledge by the remanufacturer or other person that stores or treats the hazardous secondary material of the hazardous secondary material stream's average VO concentration. Examples of information that may be used as the basis for knowledge include: Material balances for the source or process generating the hazardous secondary material stream; constituentspecific chemical test data for the hazardous secondary material stream from previous testing that are still applicable to the current material stream; previous test data for other locations managing the same type of material stream; or other knowledge based on information included in shipping papers or material certification notices.
(II) If test data are used as the basis for knowledge, then the remanufacturer or other person that stores or treats the hazardous secondary material shall document the test method, sampling protocol, and the means by which sampling variability and analytical variability are accounted for in the determination of the average VO concentration. For example, a remanufacturer or other person that stores or treats the hazardous secondary material may use organic concentration test data for the hazardous secondary material stream that are validated in accordance with Method 301 in 40 CFR part 63, appendix A as the basis for knowledge of the material.
(III) A remanufacturer or other person that stores or treats the hazardous secondary material using chemical constituent-specific concentration test data as the basis for knowledge of the hazardous secondary material may adjust the test data to the corresponding average VO concentration value which would have been obtained had the material samples been analyzed using Method 25D in 40 CFR part 60, appendix A. To adjust these data, the measured concentration for each individual chemical constituent contained in the material is multiplied by the appropriate constituent-specific adjustment factor (fm25D).
(IV) In the event that the Commissioner and the remanufacturer or other person that stores or treats the hazardous secondary material disagree on a determination of the average VO concentration for a hazardous secondary material stream using knowledge, then the results from a determination of average VO concentration using direct measurement as specified in subpart (iii) of this part shall be used to establish compliance with the applicable requirements of this paragraph. The Commissioner may perform or request that the remanufacturer or other person that stores or treats the hazardous secondary material perform this determination using direct measurement. The remanufacturer or other person that stores or treats the hazardous secondary material may choose one or more appropriate methods to analyze each collected sample in accordance with the requirements of item (iii)(III) of this part.
2. Reserved
3. Procedure to determine the maximum organic vapor pressure of a hazardous secondary material in a tank
(i) A remanufacturer or other person that stores or treats the hazardous secondary material shall determine the maximum organic vapor pressure for each hazardous secondary material placed in a tank using Tank Level 1 controls in accordance with standards specified in part (e)3 of this paragraph.
(ii) A remanufacturer or other person that stores or treats the hazardous secondary material shall use either direct measurement as specified in subpart (iii) of this part or knowledge of the waste as specified by subpart (iv) of this part to determine the maximum organic vapor pressure which is representative of the hazardous secondary material composition stored or treated in the tank.
(iii) Direct measurement to determine the maximum organic vapor pressure of a hazardous secondary material.
(I) Sampling. A sufficient number of samples shall be collected to be representative of the hazardous secondary material contained in the tank. All samples shall be collected and handled in accordance with written procedures prepared by the remanufacturer or other person that stores or treats the hazardous secondary material and documented in a site sampling plan. This plan shall describe the procedure by which representative samples of the hazardous secondary material are collected such that a minimum loss of organics occurs throughout the sample collection and handling process and by which sample integrity is maintained. A copy of the written sampling plan shall be maintained at the facility. An example of acceptable sample collection and handling procedures may be found in Method 25D in 40 CFR part 60, appendix A.
(II) Analysis. Any appropriate one of the following methods may be used to analyze the samples and compute the maximum organic vapor pressure of the hazardous secondary material:
I. Method 25E in 40 CFR part 60 appendix A;
II. Methods described in American Petroleum Institute Publication 2517, Third Edition, February 1989, "Evaporative Loss from External Floating-Roof Tanks," (incorporated by reference- refer to subparagraph (2)(b) of Rule 0400-12-01-.01 );
III. Methods obtained from standard reference texts;
IV. ASTM Method 2879-92 (incorporated by reference-refer to subparagraph (2)(b) of Rule 0400-12-01-.01 ); and
V. Any other method approved by the Commissioner.
(iv) Use of knowledge to determine the maximum organic vapor pressure of the hazardous secondary material. Documentation shall be prepared and recorded that presents the information used as the basis for the knowledge by the remanufacturer or other person that stores or treats the hazardous secondary material that the maximum organic vapor pressure of the hazardous secondary material is less than the maximum vapor pressure limit listed in item (e)2(i)(I) of this paragraph for the applicable tank design capacity category. An example of information that may be used is documentation that the hazardous secondary material is generated by a process for which at other locations it previously has been determined by direct measurement that the hazardous secondary material's waste maximum organic vapor pressure is less than the maximum vapor pressure limit for the appropriate tank design capacity category.
4. Procedure for determining no detectable organic emissions for the purpose of complying with this paragraph:
(i) The test shall be conducted in accordance with the procedures specified in Method 21 of 40 CFR part 60, appendix A. Each potential leak interface (i.e., a location where organic vapor leakage could occur) on the cover and associated closure devices shall be checked. Potential leak interfaces that are associated with covers and closure devices include, but are not limited to: the interface of the cover and its foundation mounting; the periphery of any opening on the cover and its associated closure device; and the sealing seat interface on a spring-loaded pressure relief valve.
(ii) The test shall be performed when the unit contains a hazardous secondary material having an organic concentration representative of the range of concentrations for the hazardous secondary material expected to be managed in the unit. During the test, the cover and closure devices shall be secured in the closed position.
(iii) The detection instrument shall meet the performance criteria of Method 21 of 40 CFR part 60, appendix A, except the instrument response factor criteria in section 3.1.2(a) of Method 21 shall be for the average composition of the organic constituents in the hazardous secondary material placed in the hazardous secondary management unit, not for each individual organic constituent.
(iv) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of 40 CFR part 60, appendix A.
(v) Calibration gases shall be as follows:
(I) Zero air (less than 10 ppmv hydrocarbon in air); and
(II) A mixture of methane or n-hexane and air at a concentration of approximately, but less than, 10,000 ppmv methane or n-hexane.
(vi) The background level shall be determined according to the procedures in Method 21 of 40 CFR part 60, appendix A.
(vii) Each potential leak interface shall be checked by traversing the instrument probe around the potential leak interface as close to the interface as possible, as described in Method 21 of 40 CFR part 60, appendix A. In the case when the configuration of the cover or closure device prevents a complete traverse of the interface, all accessible portions of the interface shall be sampled. In the case when the configuration of the closure device prevents any sampling at the interface and the device is equipped with an enclosed extension or horn (e.g., some pressure relief devices), the instrument probe inlet shall be placed at approximately the center of the exhaust area to the atmosphere.
(viii) The arithmetic difference between the maximum organic concentration indicated by the instrument and the background level shall be compared with the value of 500 ppmv except when monitoring a seal around a rotating shaft that passes through a cover opening, in which case the comparison shall be as specified in subpart (ix) of this part. If the difference is less than 500 ppmv, then the potential leak interface is determined to operate with no detectable organic emissions.
(ix) For the seals around a rotating shaft that passes through a cover opening, the arithmetic difference between the maximum organic concentration indicated by the instrument and the background level shall be compared with the value of 10,000 ppmw. If the difference is less than 10,000 ppmw, then the potential leak interface is determined to operate with no detectable organic emissions.
(e) Standards: tanks [ 40 CFR 261.1084 ]
1. The provisions of this section apply to the control of air pollutant emissions from tanks for which part (d)2 of this paragraph references the use of this subparagraph for such air emission control.
2. The remanufacturer or other person that stores or treats the hazardous secondary material shall control air pollutant emissions from each tank subject to this subparagraph in accordance with the following requirements as applicable:
(i) For a tank that manages hazardous secondary material that meets all of the conditions specified in items (I) through (III) of this subpart, the remanufacturer or other person that stores or treats the hazardous secondary material shall control air pollutant emissions from the tank in accordance with the Tank Level 1 controls specified in part 3 of this subparagraph or the Tank Level 2 controls specified in part 4 of this subparagraph.
(I) The hazardous secondary material in the tank has a maximum organic vapor pressure which is less than the maximum organic vapor pressure limit for the tank's design capacity category as follows:
I. For a tank design capacity equal to or greater than 151 m3, the maximum organic vapor pressure limit for the tank is 5.2 kPa.
II. For a tank design capacity equal to or greater than 75 m3 but less than 151 m3, the maximum organic vapor pressure limit for the tank is 27.6 kPa.
III. For a tank design capacity less than 75 m3, the maximum organic vapor pressure limit for the tank is 76.6 kPa.
(II) The hazardous secondary material in the tank is not heated by the remanufacturer or other person that stores or treats the hazardous secondary material to a temperature that is greater than the temperature at which the maximum organic vapor pressure of the hazardous secondary material is determined for the purpose of complying with item (I) of this subpart.
(ii) For a tank that manages hazardous secondary material that does not meet all of the conditions specified in items (i)(I) and (II) of this part, the remanufacturer or other person that stores or treats the hazardous secondary material shall control air pollutant emissions from the tank by using Tank Level 2 controls in accordance with the requirements of part 4 of this subparagraph. An example of tanks required to use Tank Level 2 controls is a tank for which the hazardous secondary material in the tank has a maximum organic vapor pressure that is equal to or greater than the maximum organic vapor pressure limit for the tank's design capacity category as specified in item (i)(I) of this part.
3. Remanufacturers or other persons that store or treat the hazardous secondary material controlling air pollutant emissions from a tank using Tank Level 1 controls shall meet the requirements specified in subparts (i) through (iv) of this part:
(i) The remanufacturer or other person that stores or treats that hazardous secondary material shall determine the maximum organic vapor pressure for a hazardous secondary material to be managed in the tank using Tank Level 1 controls before the first time the hazardous secondary material is placed in the tank. The maximum organic vapor pressure shall be determined using the procedures specified in part (d)3 of this paragraph. Thereafter, the remanufacturer or other person that stores or treats the hazardous secondary material shall perform a new determination whenever changes to the hazardous secondary material managed in the tank could potentially cause the maximum organic vapor pressure to increase to a level that is equal to or greater than the maximum organic vapor pressure limit for the tank design capacity category specified in item 2(i)(I) of this subparagraph, as applicable to the tank.
(ii) The tank shall be equipped with a fixed roof designed to meet the following specifications:
(I) The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the hazardous secondary material in the tank. The fixed roof may be a separate cover installed on the tank (e.g., a removable cover mounted on an open-top tank) or may be an integral part of the tank structural design (e.g., a horizontal cylindrical tank equipped with a hatch).
(II) The fixed roof shall be installed in a manner such that there are no visible cracks, holes, gaps, or other open spaces between roof section joints or between the interface of the roof edge and the tank wall.
(III) Each opening in the fixed roof, and any manifold system associated with the fixed roof, shall be either:
I. Equipped with a closure device designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the opening and the closure device; or
II. Connected by a closed-vent system that is vented to a control device. The control device shall remove or destroy organics in the vent stream, and shall be operating whenever hazardous secondary material is managed in the tank, except as provided for in sections A and B of this subitem.
A. During periods when it is necessary to provide access to the tank for performing the activities of section B of this subitem, venting of the vapor headspace underneath the fixed roof to the control device is not required, opening of closure devices is allowed, and removal of the fixed roof is allowed. Following completion of the activity, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, and resume operation of the control device.
B. During periods of routine inspection, maintenance, or other activities needed for normal operations, and for removal of accumulated sludge or other residues from the bottom of the tank.
(IV) The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous secondary material to the atmosphere, to the extent practical, and will maintain the integrity of the fixed roof and closure devices throughout their intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: organic vapor permeability, the effects of any contact with the hazardous secondary material or its vapors managed in the tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roof is installed.
(iii) Whenever a hazardous secondary material is in the tank, the fixed roof shall be installed with each closure device secured in the closed position except as follows:
(I) Opening of closure devices or removal of the fixed roof is allowed at the following times:
I. To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample the liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the tank.
II. To remove accumulated sludge or other residues from the bottom of tank.
(II) Opening of a spring-loaded pressure-vacuum relief valve, conservation vent, or similar type of pressure relief device which vents to the atmosphere is allowed during normal operations for the purpose of maintaining the tank internal pressure in accordance with the tank design specifications. The device shall be designed to operate with no detectable organic emissions when the device is secured in the closed position. The settings at which the device opens shall be established such that the device remains in the closed position whenever the tank internal pressure is within the internal pressure operating range determined by the remanufacturer or other person that stores or treats the hazardous secondary material based on the tank manufacturer recommendations, applicable regulations, fire protection and prevention codes, standard engineering codes and practices, or other requirements for the safe handling of flammable, ignitable, explosive, reactive, or hazardous materials. Examples of normal operating conditions that may require these devices to open are during those times when the tank internal pressure exceeds the internal pressure operating range for the tank as a result of loading operations or diurnal ambient temperature fluctuations.
(III) Opening of a safety device, as defined in subparagraph (b) of this paragraph, is allowed at any time conditions require doing so to avoid an unsafe condition.
(iv) The remanufacturer or other person that stores or treats the hazardous secondary material shall inspect the air emission control equipment in accordance with the following requirements.
(I) The fixed roof and its closure devices shall be visually inspected by the remanufacturer or other person that stores or treats the hazardous secondary material to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
(II) The remanufacturer or other person that stores or treats the hazardous secondary material shall perform an initial inspection of the fixed roof and its closure devices on or before the date that the tank becomes subject to this section. Thereafter, the remanufacturer or other person that stores or treats the hazardous secondary material shall perform the inspections at least once every year except under the special conditions provided for in part 12 of this subparagraph.
(III) In the event that a defect is detected, the remanufacturer or other person that stores or treats the hazardous secondary material shall repair the defect in accordance with the requirements of part 11 of this subparagraph.
(IV) The remanufacturer or other person that stores or treats the hazardous secondary material shall maintain a record of the inspection in accordance with the requirements specified in part (j)2 of this paragraph.
4. Remanufacturers or other persons that store or treat the hazardous secondary material controlling air pollutant emissions from a tank using Tank Level 2 controls shall use one of the following tanks:
(i) A fixed-roof tank equipped with an internal floating roof in accordance with the requirements specified in part 5 of this subparagraph;
(ii) A tank equipped with an external floating roof in accordance with the requirements specified in part 6 of this subparagraph;
(iii) A tank vented through a closed-vent system to a control device in accordance with the requirements specified in part 7 of this subparagraph;
(iv) A pressure tank designed and operated in accordance with the requirements specified in part 8 of this subparagraph; or
(v) A tank located inside an enclosure that is vented through a closed-vent system to an enclosed combustion control device in accordance with the requirements specified in part 9 of this subparagraph.
5. The remanufacturer or other person that stores or treats the hazardous secondary material who controls air pollutant emissions from a tank using a fixed roof with an internal floating roof shall meet the requirements specified in subparts 5(i) through (iii) of this subparagraph.
(i) The tank shall be equipped with a fixed roof and an internal floating roof in accordance with the following requirements:
(I) The internal floating roof shall be designed to float on the liquid surface except when the floating roof must be supported by the leg supports.
(II) The internal floating roof shall be equipped with a continuous seal between the wall of the tank and the floating roof edge that meets either of the following requirements:
I. A single continuous seal that is either a liquid-mounted seal or a metallic shoe seal, as defined in subparagraph (b) of this paragraph; or
II. Two continuous seals mounted one above the other. The lower seal may be a vapor-mounted seal.
(III) The internal floating roof shall meet the following specifications:
I. Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuum breaker vents) and the rim space vents is to provide a projection below the liquid surface.
II. Each opening in the internal floating roof shall be equipped with a gasketed cover or a gasketed lid except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains.
III. Each penetration of the internal floating roof for the purpose of sampling shall have a slit fabric cover that covers at least 90 percent of the opening.
IV. Each automatic bleeder vent and rim space vent shall be gasketed.
V. Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover.
VI. Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding cover.
(ii) The remanufacturer or other person that stores or treats the hazardous secondary material shall operate the tank in accordance with the following requirements:
(I) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be completed as soon as practical.
(II) Automatic bleeder vents are to be set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports.
(III) Prior to filling the tank, each cover, access hatch, gauge float well or lid on any opening in the internal floating roof shall be bolted or fastened closed (i.e., no visible gaps). Rim space vents are to be set to open only when the internal floating roof is not floating or when the pressure beneath the rim exceeds the manufacturer's recommended setting.
(iii) The remanufacturer or other person that stores or treats the hazardous secondary material shall inspect the internal floating roof in accordance with the procedures specified as follows:
(I) The floating roof and its closure devices shall be visually inspected by the remanufacture or other person that stores or treats the hazardous secondary material to check for defects that could result in air pollutant emissions. Defects include, but are not limited to: the internal floating roof is not floating on the surface of the liquid inside the tank; liquid has accumulated on top of the internal floating roof; any portion of the roof seals have detached from the roof rim; holes, tears, or other openings are visible in the seal fabric; the gaskets no longer close off the hazardous secondary material surface from the atmosphere; or the slotted membrane has more than 10 percent open area.
(II) The remanufacturer or other person that stores or treats the hazardous secondary material shall inspect the internal floating roof components as follows except as provided in item (III) of this subpart:
I. Visually inspect the internal floating roof components through openings on the fixed-roof (e.g., manholes and roof hatches) at least once every 12 months after initial fill, and
II. Visually inspect the internal floating roof, primary seal, secondary seal (if one is in service), gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed and at least every 10 years.
(III) As an alternative to performing the inspections specified in item (II) of this subpart for an internal floating roof equipped with two continuous seals mounted one above the other, the remanufacturer or other person that stores or treats the hazardous secondary material may visually inspect the internal floating roof, primary and secondary seals, gaskets, slotted membranes, and sleeve seals (if any) each time the tank is emptied and degassed and at least every 5 years.
(IV) Prior to each inspection required by item (II) or (III) of this subpart, the remanufacturer or other person that stores or treats the hazardous secondary material shall notify the Commissioner in advance of each inspection to provide the Commissioner with the opportunity to have an observer present during the inspection. The remanufacturer or other person that stores or treats the hazardous secondary material shall notify the Commissioner of the date and location of the inspection as follows:
I. Prior to each visual inspection of an internal floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the remanufacturer or other person that stores or treats the hazardous secondary material so that it is received by the Commissioner at least 30 calendar days before refilling the tank except when an inspection is not planned as provided for in subitem II of this item.
II. When a visual inspection is not planned and the remanufacturer or other person that stores or treats the hazardous secondary material could not have known about the inspection 30 calendar days before refilling the tank, the remanufacturer or other person that stores or treats the hazardous secondary material shall notify the Commissioner as soon as possible, but no later than 7 calendar days before refilling of the tank. This notification may be made by telephone and immediately followed by a written explanation for why the inspection is unplanned. Alternatively, written notification, including the explanation for the unplanned inspection, may be sent so that it is received by the Commissioner at least seven calendar days before refilling the tank.
(V) In the event that a defect is detected, the remanufacturer or other person that stores or treats the hazardous secondary material shall repair the defect in accordance with the requirements of part 11 of this subparagraph.
(VI) The remanufacturer or other person that stores or treats the hazardous secondary material shall maintain a record of the inspection in accordance with the requirements specified in part (j)2 of this paragraph.
(iv) Safety devices, as defined in subparagraph (b) of this paragraph, may be installed and operated as necessary on any tank complying with the requirements of this part.
6. The remanufacturer or other person that stores or treats the hazardous secondary material who controls air pollutant emissions from a tank using an external floating roof shall meet the requirements specified in subpart (i) through (iii) of this part.
(i) The remanufacturer or other person that stores or treats the hazardous secondary material shall design the external floating roof in accordance with the following requirements:
(I) The external floating roof shall be designed to float on the liquid surface except when the floating roof must be supported by the leg supports.
(II) The floating roof shall be equipped with two continuous seals, one above the other, between the wall of the tank and the roof edge. The lower seal is referred to as the primary seal, and the upper seal is referred to as the secondary seal.
I. The primary seal shall be a liquid-mounted seal or a metallic shoe seal, as defined in subparagraph (b) of this paragraph. The total area of the gaps between the tank wall and the primary seal shall not exceed 212 square centimeters (cm2) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 3.8 centimeters (cm). If a metallic shoe seal is used for the primary seal, the metallic shoe seal shall be designed so that one end extends into the liquid in the tank and the other end extends a vertical distance of at least 61 centimeters (cm) above the liquid surface.
II. The secondary seal shall be mounted above the primary seal and cover the annular space between the floating roof and the wall of the tank. The total area of the gaps between the tank wall and the secondary seal shall not exceed 21.2 square centimeters (cm2) per meter of tank diameter, and the width of any portion of these gaps shall not exceed 1.3 centimeters (cm).
(III) The external floating roof shall meet the following specifications:
I. Except for automatic bleeder vents (vacuum breaker vents) and rim space vents, each opening in a noncontact external floating roof shall provide a projection below the liquid surface.
II. Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be equipped with a gasketed cover, seal, or lid.
III. Each access hatch and each gauge float well shall be equipped with a cover designed to be bolted or fastened when the cover is secured in the closed position.
IV. Each automatic bleeder vent and each rim space vent shall be equipped with a gasket.
V. Each roof drain that empties into the liquid managed in the tank shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening.
VI. Each unslotted and slotted guide pole well shall be equipped with a gasketed sliding cover or a flexible fabric sleeve seal.
VII. Each unslotted guide pole shall be equipped with a gasketed cap on the end of the pole.
VIII. Each slotted guide pole shall be equipped with a gasketed float or other device which closes off the liquid surface from the atmosphere.
IX. Each gauge hatch and each sample well shall be equipped with a gasketed cover.
(ii) The remanufacturer or other person that stores or treats the hazardous secondary material shall operate the tank in accordance with the following requirements:
(I) When the floating roof is resting on the leg supports, the process of filling, emptying, or refilling shall be continuous and shall be completed as soon as practical.
(II) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening in the roof shall be secured and maintained in a closed position at all times except when the closure device must be open for access.
(III) Covers on each access hatch and each gauge float well shall be bolted or fastened when secured in the closed position.
(IV) Automatic bleeder vents shall be set closed at all times when the roof is floating, except when the roof is being floated off or is being landed on the leg supports.
(V) Rim space vents shall be set to open only at those times that the roof is being floated off the roof leg supports or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting.
(VI) The cap on the end of each unslotted guide pole shall be secured in the closed position at all times except when measuring the level or collecting samples of the liquid in the tank.
(VII) The cover on each gauge hatch or sample well shall be secured in the closed position at all times except when the hatch or well must be opened for access.
(VIII) Both the primary seal and the secondary seal shall completely cover the annular space between the external floating roof and the wall of the tank in a continuous fashion except during inspections.
(iii) The remanufacturer or other person that stores or treats the hazardous secondary material shall inspect the external floating roof in accordance with the procedures specified as follows:
(I) The remanufacturer or other person that stores or treats the hazardous secondary material shall measure the external floating roof seal gaps in accordance with the following requirements:
I. The remanufacturer or other person that stores or treats the hazardous secondary material shall perform measurements of gaps between the tank wall and the primary seal within 60 calendar days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every 5 years.
II. The remanufacturer or other person that stores or treats the hazardous secondary material shall perform measurements of gaps between the tank wall and the secondary seal within 60 calendar days after initial operation of the tank following installation of the floating roof and, thereafter, at least once every year.
III. If a tank ceases to hold hazardous secondary material for a period of 1 year or more, subsequent introduction of hazardous secondary material into the tank shall be considered an initial operation for the purposes of subitems I and II of this item.
IV. The remanufacturer or other person that stores or treats the hazardous secondary material shall determine the total surface area of gaps in the primary seal and in the secondary seal individually using the following procedure:
A. The seal gap measurements shall be performed at one or more floating roof levels when the roof is floating off the roof supports.
B. Seal gaps, if any, shall be measured around the entire perimeter of the floating roof in each place where a 0.32-centimeter (cm) diameter uniform probe passes freely (without forcing or binding against the seal) between the seal and the wall of the tank and measure the circumferential distance of each such location.
C. For a seal gap measured under this subpart, the gap surface area shall be determined by using probes of various widths to measure accurately the actual distance from the tank wall to the seal and multiplying each such width by its respective circumferential distance.
D. The total gap area shall be calculated by adding the gap surface areas determined for each identified gap location for the primary seal and the secondary seal individually, and then dividing the sum for each seal type by the nominal diameter of the tank. These total gap areas for the primary seal and secondary seal are then compared to the respective standards for the seal type as specified in item (i)(II) of this part.
V. In the event that the seal gap measurements do not conform to the specifications in item (i)(II) of this part, the remanufacturer or other person that stores or treats the hazardous secondary material shall repair the defect in accordance with the requirements of part 11 of this subparagraph.
VI. The remanufacturer or other person that stores or treats the hazardous secondary material shall maintain a record of the inspection in accordance with the requirements specified in part (j)2 of this paragraph.
(II) The remanufacturer or other person that stores or treats the hazardous secondary material shall visually inspect the external floating roof in accordance with the following requirements:
I. The floating roof and its closure devices shall be visually inspected by the remanufacturer or other person that stores or treats the hazardous secondary material to check for defects that could result in air pollutant emissions. Defects include, but are not limited to: holes, tears, or other openings in the rim seal or seal fabric of the floating roof; a rim seal detached from the floating roof; all or a portion of the floating roof deck being submerged below the surface of the liquid in the tank; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
II. The remanufacturer or other person that stores or treats the hazardous secondary material shall perform an initial inspection of the external floating roof and its closure devices on or before the date that the tank becomes subject to this subparagraph. Thereafter, the remanufacturer or other person that stores or treats the hazardous secondary material shall perform the inspections at least once every year except for the special conditions provided for in part 12 of this subparagraph.
III. In the event that a defect is detected, the remanufacturer or other person that stores or treats the hazardous secondary material shall repair the defect in accordance with the requirements of part 11 of this subparagraph.
IV. The remanufacturer or other person that stores or treats the hazardous secondary material shall maintain a record of the inspection in accordance with the requirements specified in part (j)2 of this paragraph.
(III) Prior to each inspection required by item (I) or (II) of this subpart, the remanufacturer or other person that stores or treats the hazardous secondary material shall notify the Commissioner in advance of each inspection to provide the Commissioner with the opportunity to have an observer present during the inspection. The remanufacturer or other person that stores or treats the hazardous secondary material shall notify the Commissioner of the date and location of the inspection as follows:
I. Prior to each inspection to measure external floating roof seal gaps as required under item (I) of this subpart, written notification shall be prepared and sent by the remanufacturer or other person that stores or treats the hazardous secondary material so that it is received by the Commissioner at least 30 calendar days before the date the measurements are scheduled to be performed.
II. Prior to each visual inspection of an external floating roof in a tank that has been emptied and degassed, written notification shall be prepared and sent by the remanufacturer or other person that stores or treats the hazardous secondary material so that it is received by the Commissioner at least 30 calendar days before refilling the tank except when an inspection is not planned as provided for in subitem III of this item.
III. When a visual inspection is not planned and the remanufacturer or other person that stores or treats the hazardous secondary material could not have known about the inspection 30 calendar days before refilling the tank, the owner or operator shall notify the Commissioner as soon as possible, but no later than 7 calendar days before refilling of the tank. This notification may be made by telephone and immediately followed by a written explanation for why the inspection is unplanned. Alternatively, written notification, including the explanation for the unplanned inspection, may be sent so that it is received by the Commissioner at least 7 calendar days before refilling the tank.
(iv) Safety devices, as defined in subparagraph (b) of this paragraph, may be installed and operated as necessary on any tank complying with the requirements of this part.
7. The remanufacturer or other person that stores or treats the hazardous secondary material who controls air pollutant emissions from a tank by venting the tank to a control device shall meet the requirements specified in subparts (i) through (iii) of this part.
(i) The tank shall be covered by a fixed roof and vented directly through a closed-vent system to a control device in accordance with the following requirements:
(I) The fixed roof and its closure devices shall be designed to form a continuous barrier over the entire surface area of the liquid in the tank.
(II) Each opening in the fixed roof not vented to the control device shall be equipped with a closure device. If the pressure in the vapor headspace underneath the fixed roof is less than atmospheric pressure when the control device is operating, the closure devices shall be designed to operate such that when the closure device is secured in the closed position there are no visible cracks, holes, gaps, or other open spaces in the closure device or between the perimeter of the cover opening and the closure device. If the pressure in the vapor headspace underneath the fixed roof is equal to or greater than atmospheric pressure when the control device is operating, the closure device shall be designed to operate with no detectable organic emissions.
(III) The fixed roof and its closure devices shall be made of suitable materials that will minimize exposure of the hazardous secondary material to the atmosphere, to the extent practical, and will maintain the integrity of the fixed roof and closure devices throughout their intended service life. Factors to be considered when selecting the materials for and designing the fixed roof and closure devices shall include: organic vapor permeability, the effects of any contact with the liquid and its vapor managed in the tank; the effects of outdoor exposure to wind, moisture, and sunlight; and the operating practices used for the tank on which the fixed roof is installed.
(IV) The closed-vent system and control device shall be designed and operated in accordance with the requirements of subparagraph (h) of this paragraph.
(ii) Whenever a hazardous secondary material is in the tank, the fixed roof shall be installed with each closure device secured in the closed position and the vapor headspace underneath the fixed roof vented to the control device except as follows:
(I) Venting to the control device is not required, and opening of closure devices or removal of the fixed roof is allowed at the following times:
I. To provide access to the tank for performing routine inspection, maintenance, or other activities needed for normal operations. Examples of such activities include those times when a worker needs to open a port to sample liquid in the tank, or when a worker needs to open a hatch to maintain or repair equipment. Following completion of the activity, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure device in the closed position or reinstall the cover, as applicable, to the tank.
II. To remove accumulated sludge or other residues from the bottom of a tank.
(II) Opening of a safety device, as defined in subparagraph (b) of this paragraph, is allowed at any time conditions require doing so to avoid an unsafe condition.
(iii) The remanufacturer or other person that stores or treats the hazardous secondary material shall inspect and monitor the air emission control equipment in accordance with the following procedures:
(I) The fixed roof and its closure devices shall be visually inspected by the remanufacturer or other person that stores or treats the hazardous secondary material to check for defects that could result in air pollutant emissions. Defects include, but are not limited to, visible cracks, holes, or gaps in the roof sections or between the roof and the tank wall; broken, cracked, or otherwise damaged seals or gaskets on closure devices; and broken or missing hatches, access covers, caps, or other closure devices.
(II) The closed-vent system and control device shall be inspected and monitored by the remanufacturer or other person that stores or treats the hazardous secondary material in accordance with the procedures specified in subparagraph (h) of this paragraph.
(III) The remanufacturer or other person that stores or treats the hazardous secondary material shall perform an initial inspection of the air emission control equipment on or before the date that the tank becomes subject to this subparagraph. Thereafter, the remanufacturer or other person that stores or treats the hazardous secondary material shall perform the inspections at least once every year except for the special conditions provided for in part 12 of this subparagraph.
(IV) In the event that a defect is detected, the remanufacturer or other person that stores or treats the hazardous secondary material shall repair the defect in accordance with the requirements of part 11 of this subparagraph.
(V) The remanufacturer or other person that stores or treats the hazardous secondary material shall maintain a record of the inspection in accordance with the requirements specified in part (j)2 of this paragraph.
8. The remanufacturer or other person that stores or treats the hazardous secondary material who controls air pollutant emissions by using a pressure tank shall meet the following requirements.
(i) The tank shall be designed not to vent to the atmosphere as a result of compression of the vapor headspace in the tank during filling of the tank to its design capacity.
(ii) All tank openings shall be equipped with closure devices designed to operate with no detectable organic emissions as determined using the procedure specified in part (e)4 of this paragraph.
(iii) Whenever a hazardous secondary material is in the tank, the tank shall be operated as a closed system that does not vent to the atmosphere except under either or the following conditions as specified in item (I) or (II) of this subpart.
(I) At those times when opening of a safety device, as defined in subparagraph (b) of this paragraph, is required to avoid an unsafe condition.
(II) At those times when purging of inerts from the tank is required and the purge stream is routed to a closed-vent system and control device designed and operated in accordance with the requirements of subparagraph (h) of this paragraph.
9. The remanufacturer or other person that stores or treats the hazardous secondary material who controls air pollutant emissions by using an enclosure vented through a closed-vent system to an enclosed combustion control device shall meet the requirements specified in subparts (i) through (iv) of this part.
(i) The tank shall be located inside an enclosure. The enclosure shall be designed and operated in accordance with the criteria for a permanent total enclosure as specified in "Procedure T-Criteria for and Verification of a Permanent or Temporary Total Enclosure" under 40 CFR 52.741, appendix B. The enclosure may have permanent or temporary openings to allow worker access; passage of material into or out of the enclosure by conveyor, vehicles, or other mechanical means; entry of permanent mechanical or electrical equipment; or direct airflow into the enclosure. The remanufacturer or other person that stores or treats the hazardous secondary material shall perform the verification procedure for the enclosure as specified in Section 5.0 to "Procedure T-Criteria for and Verification of a Permanent or Temporary Total Enclosure" initially when the enclosure is first installed and, thereafter, annually.
(ii) The enclosure shall be vented through a closed-vent system to an enclosed combustion control device that is designed and operated in accordance with the standards for either a vapor incinerator, boiler, or process heater specified in subparagraph (h) of this paragraph.
(iii) Safety devices, as defined in subparagraph (b) of this paragraph, may be installed and operated as necessary on any enclosure, closed-vent system, or control device used to comply with the requirements of subparts (i) and (ii) of this part.
(iv) The remanufacturer or other person that stores or treats the hazardous secondary material shall inspect and monitor the closed-vent system and control device as specified in subparagraph (h) of this paragraph.
10. The remanufacturer or other person that stores or treats the hazardous secondary material shall transfer hazardous secondary material to a tank subject to this subparagraph in accordance with the following requirements:
(i) Transfer of hazardous secondary material, except as provided in subpart (ii) of this part, to the tank from another tank subject to this subparagraph shall be conducted using continuous hard-piping or another closed system that does not allow exposure of the hazardous secondary material to the atmosphere. For the purpose of complying with this provision, an individual drain system is considered to be a closed system when it meets the requirements of 40 CFR part 63, subpart RR-National Emission Standards for Individual Drain Systems.
(ii) The requirements of subpart (i) of this part do not apply when transferring a hazardous secondary material to the tank under any of the following conditions:
(I) The hazardous secondary material meets the average VO concentration conditions specified in part (c)3 of this paragraph at the point of material origination.
(II) The hazardous secondary material has been treated by an organic destruction or removal process to meet the requirements in subpart (c)3(ii) of this paragraph.
(III) The hazardous secondary material meets the requirements of subpart (c)3(iv) of this paragraph.
11. The remanufacturer or other person that stores or treats the hazardous secondary material shall repair each defect detected during an inspection performed in accordance with the requirements of subparts 3(iv), 5(iii), 6(iii), or 7(iii) of this subparagraph as follows:
(i) The remanufacturer or other person that stores or treats the hazardous secondary material shall make first efforts at repair of the defect no later than 5 calendar days after detection, and repair shall be completed as soon as possible but no later than 45 calendar days after detection except as provided in subpart (ii) of this part.
(ii) Repair of a defect may be delayed beyond 45 calendar days if the remanufacturer or other person that stores or treats the hazardous secondary material determines that repair of the defect requires emptying or temporary removal from service of the tank and no alternative tank capacity is available at the site to accept the hazardous secondary material normally managed in the tank. In this case, the remanufacturer or other person that stores or treats the hazardous secondary material shall repair the defect the next time the process or unit that is generating the hazardous secondary material managed in the tank stops operation. Repair of the defect shall be completed before the process or unit resumes operation.
12. Following the initial inspection and monitoring of the cover as required by the applicable provisions of this paragraph, subsequent inspection and monitoring may be performed at intervals longer than 1 year under the following special conditions:
(i) In the case when inspecting or monitoring the cover would expose a worker to dangerous, hazardous, or other unsafe conditions, then the remanufacturer or other person that stores or treats the hazardous secondary material may designate a cover as an "unsafe to inspect and monitor cover" and comply with all of the following requirements:
(I) Prepare a written explanation for the cover stating the reasons why the cover is unsafe to visually inspect or to monitor, if required.
(II) Develop and implement a written plan and schedule to inspect and monitor the cover, using the procedures specified in the applicable subparagraph of this paragraph, as frequently as practicable during those times when a worker can safely access the cover.
(ii) In the case when a tank is buried partially or entirely underground, a remanufacturer or other person that stores or treats the hazardous secondary material is required to inspect and monitor, as required by the applicable provisions of this section, only those portions of the tank cover and those connections to the tank (e.g., fill ports, access hatches, gauge wells, etc.) that are located on or above the ground surface.
(f) Reserved [ 40 CFR 261.1085 ]
(g) Standards: containers [ 40 CFR 261.1086 ]
1. Applicability

The provisions of this subparagraph apply to the control of air pollutant emissions from containers for which part (c)2 of this paragraph references the use of this subparagraph for such air emission control.

2. General requirements
(i) The remanufacturer or other person that stores or treats the hazardous secondary material shall control air pollutant emissions from each container subject to this subparagraph in accordance with the following requirements, as applicable to the container.
(I) For a container having a design capacity greater than 0.1 m3 and less than or equal to 0.46 m3, the remanufacturer or other person that stores or treats the hazardous secondary material shall control air pollutant emissions from the container in accordance with the Container Level 1 standards specified in part 3 of this subparagraph.
(II) For a container having a design capacity greater than 0.46 m3 that is not in light material service, the remanufacturer or other person that stores or treats the hazardous secondary material shall control air pollutant emissions from the container in accordance with the Container Level 1 standards specified in part 3 of this subparagraph.
(III) For a container having a design capacity greater than 0.46 m3 that is in light material service, the remanufacturer or other person that stores or treats the hazardous secondary material shall control air pollutant emissions from the container in accordance with the Container Level 2 standards specified in part 4 of this subparagraph.
(ii) Reserved
3. Container Level 1 standards
(i) A container using Container Level 1 controls is one of the following:
(I) A container that meets the applicable U.S. Department of Transportation (DOT) regulations on packaging hazardous materials for transportation as specified in part 6 of this subparagraph.
(II) A container equipped with a cover and closure devices that form a continuous barrier over the container openings such that when the cover and closure devices are secured in the closed position there are no visible holes, gaps, or other open spaces into the interior of the container. The cover may be a separate cover installed on the container (e.g., a lid on a drum or a suitably secured tarp on a roll-off box) or may be an integral part of the container structural design (e.g., a "portable tank" or bulk cargo container equipped with a screw-type cap).
(III) An open-top container in which an organic-vapor suppressing barrier is placed on or over the hazardous secondary material in the container such that no hazardous secondary material is exposed to the atmosphere. One example of such a barrier is application of a suitable organic-vapor suppressing foam.
(ii) A container used to meet the requirements of item (i)(II) or (III) of this part shall be equipped with covers and closure devices, as applicable to the container, that are composed of suitable materials to minimize exposure of the hazardous secondary material to the atmosphere and to maintain the equipment integrity, for as long as the container is in service. Factors to be considered in selecting the materials of construction and designing the cover and closure devices shall include: organic vapor permeability; the effects of contact with the hazardous secondary material or its vapor managed in the container; the effects of outdoor exposure of the closure device or cover material to wind, moisture, and sunlight; and the operating practices for which the container is intended to be used.
(iii) Whenever a hazardous secondary material is in a container using Container Level 1 controls, the remanufacturer or other person that stores or treats the hazardous secondary material shall install all covers and closure devices for the container, as applicable to the container, and secure and maintain each closure device in the closed position except as follows:
(I) Opening of a closure device or cover is allowed for the purpose of adding hazardous secondary material or other material to the container as follows:
I. In the case when the container is filled to the intended final level in one continuous operation, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure devices in the closed position and install the covers, as applicable to the container, upon conclusion of the filling operation.
II. In the case when discrete quantities or batches of material intermittently are added to the container over a period of time, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon either the container being filled to the intended final level; the completion of a batch loading after which no additional material will be added to the container within 15 minutes; the person performing the loading operation leaving the immediate vicinity of the container; or the shutdown of the process generating the hazardous secondary material being added to the container, whichever condition occurs first.
(II) Opening of a closure device or cover is allowed for the purpose of removing hazardous secondary material from the container as follows:
I. For the purpose of meeting the requirements of this subparagraph, an empty hazardous secondary material container may be open to the atmosphere at any time (i.e., covers and closure devices on such a container are not required to be secured in the closed position).
II. In the case when discrete quantities or batches of material are removed from the container, but the container is not an empty hazardous secondary material container, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure devices in the closed position and install covers, as applicable to the container, upon the completion of a batch removal after which no additional material will be removed from the container within 15 minutes or the person performing the unloading operation leaves the immediate vicinity of the container, whichever condition occurs first.
(III) Opening of a closure device or cover is allowed when access inside the container is needed to perform routine activities other than transfer of hazardous secondary material. Examples of such activities include those times when a worker needs to open a port to measure the depth of or sample the material in the container, or when a worker needs to open a manhole hatch to access equipment inside the container. Following completion of the activity, the remanufacturer or other person that stores or treats the hazardous secondary material shall promptly secure the closure device in th