Tenn. Comp. R. & Regs. 0400-12-01-.04 - REQUIREMENTS APPLICABLE TO TRANSFER FACILITIES AND PERMIT REQUIREMENTS AND STANDARDS APPLICABLE TO TRANSPORTERS OF HAZARDOUS WASTE
(1) General [ 40 CFR 263 Subpart A]
(a) Scope [
40 CFR
263.10]
1.
These regulations establish standards which apply to persons transporting
hazardous waste within Tennessee if the transportation requires a manifest
under Rule
0400-12-01-.03.
2. Nothing in this rule shall exempt a
transporter from his responsibilities under the rules and regulations of the
U.S. Department of Transportation, the U.S. Department of Homeland Security, or
the Tennessee Regulatory Commission.
3. These regulations do not apply to on-site
transportation of hazardous waste by generators or by owners or operators of
permitted hazardous waste management facilities.
4. A transporter of hazardous waste must also
comply with Rule
0400-12-01-.03
if he:
(i) Transports hazardous waste into the
state from a foreign country (except for the notification requirements of Rule
0400-12-01-.03(2)
); or
(ii) Mixes hazardous wastes
of different DOT shipping descriptions by placing them into a single
container.
5. A
transporter of hazardous waste that is being imported from or exported to any
other country for the purposes of recovery or disposal is subject to this
paragraph and to all relevant requirements of paragraph (9) of Rule
0400-12-01-.03,
including, but not limited to, parts (9)(d)4 and (9)(e)4 of Rule
0400-12-01-.03.
6. The regulations in this part do not apply
to transportation during an explosives or munitions emergency response,
conducted in accordance with Rule
0400-12-01-.05(1)(b)
2.(vii)(I)IV. or (IV) or Rule
0400-12-01-.06(1)(b)
2.(vii)(I)IV. or (IV) and Rule
0400-12-01-.07(1)(b)
5.(i)(IV) or (iii).
7. Rule
0400-12-01-.09(13)(d)
identifies how the requirements of this rule apply to military munitions
classified as solid waste under Rule
0400-12-01-.09(13)(c).
(b) Installation Identification
Number and Transporter Permit [
40 CFR
263.11]
1.
A transporter must not transport hazardous waste which originates or terminates
in Tennessee without having received an installation identification number and
a transporter permit from the Department. Out-of-State transporters must obtain
their installation identification numbers from their respective state agency or
EPA, if appropriate.
2. A hazardous
waste transfer facility shall not operate without having received an
installation identification number from the Department.
(c) Transfer Facility Requirements [
40 CFR
263.12]
1.
A hazardous waste transfer facility shall not operate without having received
an installation identification number from the Department.
2.
(i) The
operator of a hazardous waste transfer facility shall maintain a log of all
shipments of hazardous waste entering and leaving the facility.
(ii) The log required by subpart (i) of this
part shall be developed by the owner or operator of the transfer facility and
shall contain, at a minimum, the following information for each shipment:
(I) The date the shipment arrived;
(II) The generator's name and installation
identification number;
(III) The
manifest document number associated with the shipment;
(IV) The date the hazardous waste was shipped
out of the transfer facility; and
(V) If the transporter mixes hazardous wastes
by placing them into a single container at the transfer facility:
I. The item number(s) and letter(s) from the
manifest document number(s) for all separately containerized wastes that are
combined in the container; and
II.
If the hazardous wastes mixed in the container have different U.S. DOT shipping
descriptions, the new manifest number as required by part (a)4 of this
paragraph.
(iii) The information required by subpart
(ii) of this part shall be retained for a period of three years and made
available for review by the Commissioner.
3. The operator of a hazardous waste transfer
facility shall insure that the transfer facility's operations comply with the
provisions of:
(i) Subparagraph (2)(g) of Rule
0400-12-01-.05,
Personnel Training;
(ii) Paragraph
(9) of Rule
0400-12-01-.05,
Use and Management of Containers, except subparagraphs (9)(e) and (i) of Rule
0400-12-01-.05;
and
(iii) Subparagraph (2)(e) of
Rule
0400-12-01-.05,
Security.
4. Except for
the requirements of part 3 of this subparagraph, a transporter who stores
manifested shipments of hazardous waste in containers meeting the independent
requirements of subparagraph (4)(a) of Rule
0400-12-01-.03
at a transfer facility for a period of 10 days or less is not subject to
regulation under Rules
0400-12-01-.05,
0400-12-01-.06,
0400-12-01-.07,
and
0400-12-01-.10
with respect to the storage of those wastes.
5. In addition to the requirements of item
(2)(ii)(V) of this subparagraph, when consolidating the contents of two or more
containers with the same hazardous waste into a new container, or when
combining and consolidating two different hazardous wastes that are compatible
with each other, the transporter must mark its containers of 119 gallons or
less with the following information:
(i) The
words "Hazardous Waste"; and
(ii)
The applicable EPA hazardous waste number(s) (hazardous waste codes) in
paragraphs (3) and (4) of Rule
0400-12-01-.02,
or in compliance with part (4)(c)3 of Rule
0400-12-01-.03.
(2)
Permitting
(a) Applicability - Each person
who transports in Tennessee a hazardous waste that originates or terminates in
Tennessee must have a valid hazardous waste transporter permit obtained from
the Department in accordance with subparagraph (b) of this paragraph, and is
subject to the requirements of subparagraphs (c) and (d) of this paragraph.
This permit is not required if the hazardous waste shipment is passing through
the State.
(b) Obtaining a Permit
1. Any person who wishes to transport
hazardous waste to or from locations within Tennessee must apply for and
receive a hazardous waste transporter permit from the Department before
beginning such transport operations. The transporter must submit the permit
renewal form to the Department by December 31.
2. Application for or renewal of a permit
shall consist of a written notification to the Department on forms provided by
the Department. Such forms must be completed according to the instructions
accompanying them. Information on the forms shall include, but not be limited
to, the name, installation identification number, if previously issued,
business address, telephone number of the transporter, and all applicable
permit fees required under Rule
0400-12-01-.08(2)(a).
3.
(i) The
Commissioner shall issue the permit within 15 days following his receipt of a
new permit application (not a renewal), unless such application is by a person
that (1) had previously held a permit that was terminated by the Commissioner
for violation of the requirements of these rules, or (2) had been operating as
a transporter in violation of the permit requirement of this paragraph. Such
persons shall not be issued a permit unless and until they demonstrate, to the
satisfaction of the Commissioner, their willingness and capability to comply
with the Act and these rules.
(ii)
The Commissioner shall issue the permit for a renewal by January 31 following
his receipt of the permit renewal application, unless such application is by a
person that (1) had previously held a permit that was terminated by the
Commissioner for violation of the requirements of these rules, or (2) had been
operating as a transporter in violation of the permit requirement of this
paragraph. Such persons shall not be issued a permit unless and until they
demonstrate, to the satisfaction of the Commissioner, their willingness and
capability to comply with the Act and these rules.
4. Transporter permits shall not be
transferable.
(c) Permit
Duration/Renewal/Termination
1. Unless
terminated as set forth in part 3. of this subparagraph, transporter permits
shall remain in effect until January 31 of the following calendar
year.
2. Unless he has initiated
termination proceedings as set forth in part 3 of this subparagraph, the
Commissioner shall automatically renew each transporter permit for another year
upon his timely receipt of the annual maintenance fee required under Rule
0400-12-01-.08(3)(a).
3.
(i) The
Commissioner shall terminate a transporter permit within 10 days of receiving a
request from the transporter to do so.
(ii) The Commissioner, after notifying the
transporter and providing him with the opportunity to be heard on the matter,
may by order terminate the permit of any transporter upon his violation of one
or more of the applicable requirements of this Chapter or Chapter
0400-15-01.
(d) General Requirements
1. The permit shall be issued with an
installation identification number as required under subparagraph (1)(b) of
this rule. This number must be included on all manifests and other official
documents and on correspondence between the transporter and the
Department.
2. Transporters shall
maintain a copy of their permit application on file, and shall notify the
Department in writing within 30 days of any changes in the information
submitted or of cessation of hazardous waste transportation services in this
state.
3. A motor vehicle
transporter shall have a copy of his permit with him and available for
inspection whenever he picks up, transports, or delivers a shipment of
hazardous waste in Tennessee; and shall provide the generator/shipper/transfer
facility operator with the opportunity to inspect that permit if so
requested.
(3) Compliance With the Manifest System and
Recordkeeping [ 40 CFR 263 Subpart B]
(a) The
Manifest System [
40 CFR 263.20
]
1.
(i)
Manifest requirement.
A transporter may not accept hazardous waste from a generator unless the transporter is also provided with a manifest form (EPA Form 8700-22, and if necessary, EPA Form 8700-22A) signed in accordance with the requirements of subparagraph (3)(d) of Rule 0400-12-01-.03, or is provided with an electronic manifest that is obtained, completed, and transmitted in accordance with subpart (3)(a)1.(iii) of Rule 0400-12-01-.03, and signed with a valid and enforceable electronic signature as described in subparagraph (3)(f) of Rule 0400-12-01-.03.
(ii) Exports.
For exports of hazardous waste subject to the requirements of paragraph (9) of Rule 0400-12-01-.03, a transporter may not accept hazardous waste without a manifest signed by the generator in accordance with this paragraph, as appropriate, and for exports occurring under the terms of a consent issued by EPA on or after December 31, 2016, a movement document that includes all information required by part (9)(d)4 of Rule 0400-12-01-.03.
(iii) Compliance date for form
revisions.
The revised Manifest form and procedures in subparagraph (2)(a) of Rule 0400-12-01-.01, subparagraph (1)(g) of Rule 0400-12-01-.02, this subparagraph and subparagraph (b) of this paragraph had an effective date of September 5, 2006. The Manifest form and procedures in subparagraph (2)(a) of Rule 0400-12-01-.01, subparagraph (1)(g) of Rule 0400-12-01-.02, this subparagraph and subparagraph (b) of this paragraph, contained in the Rules 0400-12-01-.01 through 0400-12-01-.06, in effect as of July 1, 2004, were applicable until September 5, 2006.
(iv) Use of electronic
manifest-legal equivalence to paper forms for participating transporters.
Electronic manifests that are obtained, completed, and transmitted in accordance with subpart (3)(a)1.(iii) of Rule 0400-12-01-.03, and used in accordance with this subpart in lieu of EPA Forms 8700-22 and 8700-22A, are the legal equivalent of paper manifest forms bearing handwritten signatures, and satisfy for all purposes any requirement in these regulations to obtain, complete, sign, carry, provide, give, use, or retain a manifest.
(I) Any requirement in these
regulations to sign a manifest or manifest certification by hand, or to obtain
a handwritten signature, is satisfied by signing with or obtaining a valid and
enforceable electronic signature within the meaning of subparagraph (3)(f) of
Rule 0400-1201-.03.
(II) Any
requirement in these regulations to give, provide, send, forward, or return to
another person a copy of the manifest is satisfied when a copy of an electronic
manifest is transmitted to the other person by submission to the
system.
(III) Any requirement in
these regulations for a manifest to accompany a hazardous waste shipment is
satisfied when a copy of an electronic manifest is accessible during
transportation and forwarded to the person or persons who are scheduled to
receive delivery of the waste shipment, except that to the extent that the
Hazardous Materials regulation on shipping papers for carriage by public
highway requires transporters of hazardous materials to carry a paper document
to comply with
49 CFR 177.817, a
hazardous waste transporter must carry one printed copy of the electronic
manifest on the transport vehicle.
(IV) Any requirement in these regulations for
a transporter to keep or retain a copy of a manifest is satisfied by the
retention of an electronic manifest in the transporter's account on the
e-Manifest system, provided that such copies are readily available for viewing
and production if requested by any EPA inspector or the Commissioner.
(V) No transporter may be held liable for the
inability to produce an electronic manifest for inspection under this paragraph
if that transporter can demonstrate that the inability to produce the
electronic manifest is exclusively due to a technical difficulty with the EPA
system for which the transporter bears no responsibility.
(v) A transporter may participate in the
electronic manifest system either by accessing the electronic manifest system
from the transporter's own electronic equipment, or by accessing the electronic
manifest system from the equipment provided by a participating generator, by
another transporter, or by a designated facility.
(vi) Special procedures when electronic
manifest is not available.
If after a manifest has been originated electronically and signed electronically by the initial transporter, and the electronic manifest system should become unavailable for any reason, then:
(I) The transporter in possession of the
hazardous waste when the electronic manifest becomes unavailable shall
reproduce sufficient copies of the printed manifest that is carried on the
transport vehicle pursuant to item (iv)(III) of this part, or obtain and
complete another paper manifest for this purpose. The transporter shall
reproduce sufficient copies to provide the transporter and all subsequent waste
handlers with a copy for their files, plus two additional copies that will be
delivered to the designated facility with the hazardous waste.
(II) On each printed copy, the transporter
shall include a notation in the Special Handling and Additional Description
space (Item 14) that the paper manifest is a replacement manifest for a
manifest originated in the electronic manifest system, shall include (if not
pre-printed on the replacement manifest) the manifest tracking number of the
electronic manifest that is replaced by the paper manifest, and shall also
include a brief explanation why the electronic manifest was not available for
completing the tracking of the shipment electronically.
(III) A transporter signing a replacement
manifest to acknowledge receipt of the hazardous waste must ensure that each
paper copy is individually signed and that a legible handwritten signature
appears on each copy.
(IV) From the
point at which the electronic manifest is no longer available for tracking the
waste shipment, the paper replacement manifest copies shall be carried, signed,
retained as records, and given to a subsequent transporter or to the designated
facility, following the instructions, procedures, and requirements that apply
to the use of all other paper manifests.
(vii) Special procedures for electronic
signature methods undergoing tests.
If a transporter using an electronic manifest signs this manifest electronically using an electronic signature method which is undergoing pilot or demonstration tests aimed at demonstrating the practicality or legal dependability of the signature method, then the transporter shall sign the electronic manifest electronically and also sign with an ink signature the transporter acknowledgement of receipt of materials on the printed copy of the manifest that is carried on the vehicle in accordance with item (iv)(III) of this part. This printed copy bearing the generator's and transporter's ink signatures shall also be presented by the transporter to the designated facility to sign in ink to indicate the receipt of the waste materials or to indicate discrepancies. After the owner or operator of the designated facility has signed this printed manifest copy with its ink signature, the printed manifest copy shall be delivered to the designated facility with the waste materials.
(viii)
Reserved.
(ix) Post-receipt
manifest data corrections. After facilities have certified to the receipt of
hazardous wastes by signing Item 20 of the manifest, any postreceipt data
corrections may be submitted at any time by any interested person (e.g., waste
handler) named on the manifest. Transporters may participate electronically in
the post-receipt data corrections process by following the process described in
part (5)(b)12 of Rule
0400-12-01-.06,
which applies to corrections made to either paper or electronic manifest
records.
2. Before
transporting the hazardous waste, the transporter must sign and date the
manifest acknowledging acceptance of the hazardous waste from the generator.
The transporter must return a signed copy to the generator before leaving the
generator's property
3. The
transporter must ensure that the manifest accompanies the hazardous waste. In
the case of exports occurring under the terms of a consent issued by EPA to the
exporter on or after December 31, 2016, the transporter must ensure that a
movement document that includes all information required by part (9)(d)4 of
Rule
0400-12-01-.03
also accompanies the hazardous waste. In the case of imports occurring under
the terms of a consent issued by EPA to the country of export or the importer
on or after December 31, 2016, the transporter must ensure that a movement
document that includes all information required by part (9)(e)4 of Rule
0400-12-01-.03
also accompanies the hazardous waste.
4. A transporter who delivers a hazardous
waste to another transporter or to the designated facility must:
(i) Obtain the date of delivery and the
handwritten signature of that transporter or of the owner or operator of the
designated facility on the manifest; and
(ii) Retain one copy of the manifest in
accordance with subparagraph (c) of this paragraph; and
(iii) Give the remaining copies of the
manifest to the accepting transporter or designated facility.
5. The requirements of parts 3.,
4., and 6. of this subparagraph do not apply to water (bulk shipment)
transporters if:
(i) The hazardous waste is
delivered by water (bulk shipment) to the designated facility; and
(ii) A shipping paper containing all the
information required on the manifest (excluding the EPA identification numbers,
generator certification, and signatures) and, for exports or imports occurring
under the terms of a consent issued by EPA on or after December 31, 2016, a
movement document that includes all information required by part (9)(d)4 of
Rule
0400-12-01-.03
or part (9)(e)4 of Rule
0400-12-01-.03
accompanies the hazardous waste; and
(iii) The delivering transporter obtains the
date of delivery and handwritten signature of the owner or operator of the
designated facility on either the manifest or the shipping paper; and
(iv) The person delivering the hazardous
waste to the initial water (bulk shipment) transporter obtains the date of
delivery and signature of the water (bulk shipment) transporter on the manifest
and forwards it to the designated facility; and
(v) A copy of the shipping paper or manifest
is retained by each water (bulk shipment) transporter in accordance with
subparagraph (c) of this paragraph.
6. For shipments involving rail
transportation, the requirements of parts 3, 4, and 5 do not apply and the
following requirements do apply:
(i) When
accepting hazardous waste from a non-rail transporter, the initial rail
transporter must:
(I) Sign and date the
manifest acknowledging acceptance of the hazardous waste;
(II) Return a signed copy of the manifest to
the non-rail transporter;
(III)
Forward at least three copies of the manifest to:
I. The next non-rail transporter, if any;
or
II. The designated facility, if
the shipment is delivered to that facility by rail; or
III. The last rail transporter designated to
handle the waste in the United States;
(IV) Retain one copy of the manifest and rail
shipping paper in accordance with subparagraph (c) of this
paragraph.
(ii) Rail
transporters must ensure that a shipping paper containing all the information
required on the manifest (excluding the EPA identification number, generator
certification, and signatures) and, for exports or imports occurring under the
terms of a consent issued by EPA on or after December 31, 2016, a movement
document that includes all information required by part (9)(d)4 of Rule
0400-12-01-.03
or part (9)(e)4 of Rule
0400-12-01-.03
accompanies the hazardous waste at all times.
(Note: Intermediate rail transporters are not required to sign the manifest, movement document, or shipping paper.)
(iii) When delivering hazardous waste to the
designated facility, a rail transporter must:
(I) Obtain the date of delivery and
handwritten signature of the owner or operator of the designated facility on
the manifest or the shipping paper (if the manifest has not been received by
the facility); and
(II) Retain a
copy of the manifest or signed shipping paper in accordance with subparagraph
(c) of this paragraph.
(iv) When delivering hazardous waste to a
non-rail transporter a rail transporter must:
(I) Obtain the date of delivery and the
handwritten signature of the next non-rail transporter on the manifest;
and
(II) Retain a copy of the
manifest in accordance with subparagraph (c) of this paragraph.
(v) Before accepting hazardous
waste from a rail transporter, a non-rail transporter must sign and date the
manifest and provide a copy to the rail transporter.
7. Transporters who transport hazardous waste
out of the United States must:
(i) Sign and
date the manifest in the International Shipments block to indicate the date
that the shipment left the United States; and
(ii) Retain one copy in accordance with part
(c)4. of this subparagraph; and
(iii) Return a signed copy of the manifest to
the generator; and
(iv) For paper
manifests only,
(I) Send a copy of the
manifest to the e-Manifest system in accordance with the allowable methods
specified in item (5)(b)1(ii)(V) of Rule
0400-12-01-.06;
and
(II) For shipments initiated
prior to the AES filing compliance date, when instructed by the exporter to do
so, give a copy of the manifest to a U.S. Customs official at the point of
departure from the United States.
8. A transporter transporting hazardous waste
from a generator who generates greater than 100 kilograms but less than 1000
kilograms of hazardous waste in a calendar month need not comply with the
requirements of this subparagraph or those of subparagraph (c) of this
paragraph provided that:
(i) The waste is
being transported pursuant to a reclamation agreement as provided for in Rule
0400-12-01-.03(3)(a)
5.;
(ii) The transporter records,
on a log or shipping paper, the following information for each shipment:
(I) The name, address, and U.S. Installation
Identification Number of the generator of the waste;
(II) The quantity of waste
accepted;
(III) All DOT-required
shipping information;
(IV) The date
the waste is accepted; and
(iii) The transporter carries this record
when transporting waste to the reclamation facility; and
(iv) The transporter retains these records
for a period of at least three years after termination or expiration of the
agreement.
(b) Compliance with the Manifest [
40 CFR
263.21]
1.
Except as provided in part 2 of this subparagraph, the transporter must deliver
the entire quantity of hazardous waste which the transporter has accepted from
a generator or a transporter to:
(i) The
designated facility listed on the manifest; or
(ii) The alternate designated facility, if
the hazardous waste cannot be delivered to the designated facility because an
emergency prevents delivery; or
(iii) The next designated transporter;
or
(iv) The place outside the
United States designated by the generator.
2.
(i)
Emergency condition. If the hazardous waste cannot be delivered in accordance
with subpart 1(i), (ii), or (iv) of this subparagraph because of an emergency
condition other than rejection of the waste by the designated facility or
alternate designated facility, then the transporter must contact the generator
for further instructions and must revise the manifest according to the
generator's instructions.
(ii)
Transporters without agency authority. If the hazardous waste is not delivered
to the next designated transporter in accordance with subpart 1(iii) of this
subparagraph, and the current transporter is without contractual authorization
from the generator to act as the generator's agent with respect to transporter
additions or substitutions, then the current transporter must contact the
generator for further instructions prior to making any revisions to the
transporter designations on the manifest. The current transporter may
thereafter make such revisions if:
(I) The
hazardous waste is not delivered in accordance with subpart 1(iii) of this
subparagraph because of an emergency condition; or
(II) The current transporter proposes to
change the transporter(s) designated on the manifest by the generator, or to
add a new transporter during transportation, to respond to an emergency, or for
purposes of transportation efficiency, convenience, or safety; and
(III) The generator authorizes the
revision.
(iii)
Transporters with agency authority. If the hazardous waste is not delivered to
the next designated transporter in accordance with subpart 1(iii) of this
subparagraph, and the current transporter has authorization from the generator
to act as the generator's agent, then the current transporter may change the
transporter(s) designated on the manifest, or add a new transporter, during
transportation without the generator's prior, explicit approval, provided that:
(I) The current transporter is authorized by
a contractual provision that provides explicit agency authority for the
transporter to make such transporter changes on behalf of the
generator;
(II) The transporter
enters in Item 14 of each manifest for which such a change is made, the
following statement of its agency authority:
"Contract retained by generator confers agency authority on initial transporter to add or substitute additional transporters on generator's behalf;" and
(III) The
change in designated transporters is necessary to respond to an emergency, or
for purposes of transportation efficiency, convenience, or safety.
(iv) Generator liability. The
grant by a generator of authority to a transporter to act as the agent of the
generator with respect to changes to transporter designations under subpart
2(iii) of this subparagraph does not affect the generator's liability or
responsibility for complying with any applicable requirement under Chapter
0400-12-01, or grant any additional authority to the transporter to act on
behalf of the generator.
3. If hazardous waste is rejected by the
designated facility while the transporter is on the facility's premises, then
the transporter must obtain the following:
(i) For a partial load rejection or for
regulated quantities of container residues, a copy of the original manifest
that includes the facility's date and signature and the Manifest Tracking
Number of the new manifest that will accompany the shipment, and a description
of the partial rejection or container residue in the discrepancy block of the
original manifest. The transporter must retain a copy of this manifest in
accordance with subparagraph (c) of this paragraph and give the remaining
copies of the original manifest to the rejecting designated facility. If the
transporter is forwarding the rejected part of the shipment or a regulated
container residue to an alternate facility or returning it to the generator,
the transporter must obtain a new manifest to accompany the shipment, and the
new manifest must include all of the information required in subparts
(5)(c)5(i) through (vi) of Rule
0400-12-01-.06,
or subparts 6(i) through (vi) of Rule
0400-12-01-.06
or subparts (5)(c)5(i) through (vi) of Rule 0400-1201-.05 or subparts 6(i)
through (vi) of Rule
0400-12-01-.05.
(ii) For a full load rejection that will be
taken back by the transporter, a copy of the original manifest that includes
the rejecting facility's signature and date attesting to the rejection, the
description of the rejection in the discrepancy block of the manifest, and the
name, address, phone number, and Identification Number for the alternate
facility or generator to whom the shipment must be delivered. The transporter
must retain a copy of the manifest in accordance with subparagraph (c) of this
paragraph and give a copy of the manifest containing this information to the
rejecting designated facility. If the original manifest is not used, then the
transporter must obtain a new manifest for the shipment and comply with
subparts (5)(c)5(i) through (vi) of Rule
0400-12-01-.06
or subparts (5)(c)5(i) through (vi) of Rule
0400-12-01-.05.
(c) Recordkeeping [
40
CFR 263.22]
1. A transporter of hazardous waste must keep
a copy of the manifest signed by the generator, himself, and the next
designated transporter or the owner or operator of the designated facility for
a period of three years from the date the hazardous waste was accepted by the
initial transporter.
2. For
shipments delivered to the designated facility by water (bulk shipment), each
water (bulk shipment) transporter must retain a copy of the shipping paper
containing all the information required in subpart (a)5.(ii) of this paragraph
for a period of three years from the date the hazardous waste was accepted by
the initial transporter.
3. For
shipments of hazardous waste by rail within the United States:
(i) The initial rail transporter must keep a
copy of the manifest and shipping paper with all the information required in
subpart (a)6.(ii) of this paragraph for a period of three years from the date
the hazardous waste was accepted by the initial transporter; and
(ii) The final rail transporter must keep a
copy of the signed manifest (or the shipping paper if signed by the designated
facility in lieu of the manifest) for a period of three years from the date the
hazardous waste was accepted by the initial transporter.
(Note: Intermediate rail transporters are not required to keep records pursuant to these regulations.)
4. A transporter who transports hazardous
waste out of the United States must keep a copy of the manifest indicating that
the hazardous waste left the United States for a period of three years from the
date the hazardous waste was accepted by the initial transporter.
5. The periods of retention referred to in
this subparagraph are extended automatically during the course of any
unresolved enforcement action regarding the regulated activity or as requested
by the Administrator/Commissioner.
6. Any person who holds or has held a
transporter permit in Tennessee pursuant to paragraph (2) of this rule must
furnish upon request, and make available at all reasonable times for
inspection, by any officer, employee, or representative of the Department who
is duly designated by the Commissioner, all records required under this
subparagraph.
7. A transfer
facility must maintain an operating record or log to demonstrate its compliance
with the 10-day storage limit for hazardous waste as set forth in subparagraph
(1)(c) of this rule.
(d)
Reserved
(e) Reserved
(f) Electronic manifest signatures [
40 CFR
263.25]
1.
Electronic manifest signature shall meet the criteria described in subparagraph
(3)(f) of Rule
0400-12-01-.03.
2. Reserved
(4) Hazardous Waste Discharges [ 40 CFR 263
Subpart C]
(a) Immediate Action [
40 CFR 263.30]
1. In the event of a discharge of hazardous
waste during transportation, the transporter must take appropriate immediate
action to protect public health and the environment (e.g., notify local
authorities, dike the discharge area).
2. If a discharge of hazardous waste occurs
during transportation and an official (State or local government or a Federal
Agency) acting within the scope of his official responsibilities determines
that immediate removal of the waste is necessary to protect public health or
the environment, that official may authorize the removal of the waste by
transporters who do not have installation identification numbers and without
the preparation of a manifest.
3. A
transporter who has discharged hazardous waste in Tennessee must immediately
telephone the 24-hour toll-free number of the Tennessee Emergency Management
Agency, which is 800-262-3300 for in-state callers or 800-258-3300 for
out-of-state callers, and furnish the following information:
(i) Name of person reporting the
spill;
(ii) Name and address of
transporter involved;
(iii) Name
and address of generator;
(iv)
Telephone number where reporter can be contacted;
(v) Date, time, and location of incident
(indicate pollution of land, water, air, or public water supply, if
known);
(vi) Type of incident
(e.g., fire, spillage);
(vii)
Description (including hazard class) and quantity of hazardous waste involved,
to the extent available;
(viii)
Type of transport vehicle and mode; and
4. An air, rail,
highway, or water transporter who has discharged hazardous waste must report in
writing as required by
49 CFR
171.16 to the Director, Office of Hazardous
Materials Regulations, Materials Transportation Bureau, Department of
Transportation, Washington, DC 20590.
(Note: A copy of the U.S. Department of Transportation (DOT) form F5800.1 shall suffice for this report provided that it is properly completed and supplemented as necessary to include all information required by this paragraph.)
5. A water
(bulk shipment) transporter who has discharged hazardous waste must give the
same notice as required by
33 CFR
153.203 (as that Federal regulation exists on
the effective date of these rules) for oil and hazardous substances.
(b) Discharge Clean Up [
40 CFR 263.31
]
1. A transporter must clean up any
hazardous waste discharge that occurs during transportation or take such action
as may be required or approved by Federal, State, or local officials so that
the hazardous waste discharge no longer presents a hazard to public health or
the environment.
Notes
Authority: T.C.A. §§ 4-5-201, et seq., and 68-212-101, et seq.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.