2024-26922. Tennessee: Final Authorization of State Hazardous Waste Management Program Revisions

Description of Federal requirement	Federal Register date and page	Analogous state authority 1
Checklist 44C, Corrective Action for Injection Wells	52 FR 45788, 12/1/1987	0400-12-01-.05(1)(b)2(ix) [reserved]; and 0400-12-01-.07(1)(c)1(ii)(III)I and II.
Checklist 241, Management Standards for Hazardous Waste Pharmaceuticals and Amendment to the P075 Listing for Nicotine	84 FR 5816, 02/22/2019	0400-12-01-.02(1)(d)1(i)(II) and (1)(g)3; 0400-12-01-.02(4)(d)3, (4)(d)3 Comment, and (4)(d)5 Table; 0400-12-01-.03(1)(a)2(xii), (1)(a)2(xiii)(I) through (III), (1)(d)3(x), (1)(e)1(v)(IX), and (1)(e)1(v)(X); 0400-12-01-.06(1)(b)2(xi); 0400-12-01-.05(1)(b)2(xiii); 0400-12-01-.09(16); 0400-12-01-.10(1)(g), (1)(g)1, and (4)(a)1(iv) and (v); 0400-12-01-.07(1)(b)4(x); and 0400-12-01-.12(7)(a)1 and (7)(a)4.
Checklist 244, Canada Import Export Recovery and Disposal Code Changes	86 FR 54381, 10/01/2021	0400-12-01-.03(9)(b), (9)(d)2(iii), (9)(d)6(vi), (9)(d)6(vi)(I) and (II), (9)(e)2(ii), (9)(e)6(v), (9)(e)7(ii), and (9)(e)8(ii)(III); 0400-12-01-.06(2)(c)1(iv)(II); and 0400-12-01-.05(2)(c)1(iv)(II).
1  The Tennessee regulatory citations are from the Tennessee Rules of the Division of Solid Waste Management (Hazardous Waste Program), Chapter 0400-12-01. Citations to Rules .02, .03, .05-.07, .09, and .10 within this Chapter refer to the regulatory text revised as of September 2022. Citations to Rule .12 within this Chapter refer to the regulatory text revised as of April 2022.

B. Revisions to Previously Authorized Checklists

Tennessee was authorized for each of the Checklists in the table below as a part of the Final Authorization effective September 12, 2022 (87 FR 41610), although certain provisions contained omissions or errors that required correction. Tennessee is submitting its revisions to these previously authorized provisions, and the EPA is authorizing them here.

Description of Federal requirement	Federal Register date and page	Analogous state authority 1
Checklist 212, National Emission Standards for Hazardous Air Pollutants: Final Standards for Hazardous Air Pollutants for Hazardous Waste Combustors (Phase I Final Replacement Standards and Phase II)	70 FR 59402, 10/12/2005	0400-12-01-.06(15)(a)2(i) and (iii); 0400-12-01-.05(15)(a)2(i); 0400-12-01-.09(8)(a)2(i); 0400-12-01-.07(2)(h), (2)(h)1, (2)(h)1(i) through (ix),2 and (2)(h)2 (removed); 0400-12-01-.07(5)(b)5(v), (5)(b)8, (5)(b)10(iv)(III), and (5)(b)11(v)(III); 0400-12-01-.07(8)(b)2(iii); 0400-12-01-.07(9)(c)5(x)(I) through (III), (9)(c)5(xi)(I), (9)(c)5(xi)(I) I and II, (9)(c)5(xi)(I) IV, and (9)(c)5(xi)(II), and (9)(c)5(xi)(II) I; 0400-12-01-.07(10)(l)10; 0400-12-01-.07(1)(e) and (1)(j); and 0400-12-01-.07(12)(a)1(i)-(ii), (12)(a)2(i), and (12)(a)3.
( print page 91577)
Checklist 214, Corrections to Errors in the Code of Federal Regulations	71 FR 40254, 7/14/2006	0400-12-01-.05(14)(b)4(i); 3 and 0400-12-01-.10(3)(f) table 1.
Checklist 231, Hazardous Waste Electronic Manifest System; Final Rule	79 FR 7518, 2/7/2014	0400-12-01-.01(7)(a)1(i)(II).
Checklist 233B, Legitimacy-related provisions, including prohibition of sham recycling, definition of legitimacy, definition of contained	80 FR 1694, 1/13/2015	0400-12-01-.01(5)(d)2 and (5)(d)2(ii).4
Checklist 233D2, 2008 DSW exclusions and non-waste determinations, including revisions from 2015 DSW final rule and 2018 DSW final rule	80 FR 1694, 1/13/2015; 83 FR 24664, 5/30/2018	0400-12-01-.01(2)(a) Definition of “Facility”; and 0400-12-01-.02(13)(b)5, (13)(b)6(i), (13)(b)6(ii), (13)(c), (13)(c)2, (13)(c)3, (13)(c)4(iii), (13)(d), (13)(d)1(i), (13)(d)2(ii), and (13)(d)6(viii)(II).5
Checklist 233E, Remanufacturing exclusion	80 FR 1694, 1/13/2015	0400-12-01-.02(1)(d)1(xxvii)(VI) II E and (1)(d)1(xxvii)(VI) V; 0400-12-01-.02(10)(d)1 Note and (10)(g) Notes; 0400-12-01-.02(27)(a), (27)(d)14(i)(II),6 and (27)(d)14(i)(III); 0400-12-01-.02(28)(a)1; and 0400-12-01-.02(29)(b).
Checklist 237, Hazardous Waste Generator Improvements Rule	81 FR 85732, 11/28/2016	0400-12-01-.03(1)(a)2(i)(II); 0400-12-01-.03(12)(j)4 (removed).7
1  The Tennessee regulatory citations are from the Tennessee Rules of the Division of Solid Waste Management (Hazardous Waste Program), Chapter 0400-12-01. Citations to Rules .01-.03, .05-.07, .09, and .10 within this Chapter refer to the regulatory text revised as of September 2023.
2  The subparts of 0400-12-01-.07(2)(h)1 were also renumbered by the State, but the contents of the Part did not change as a result of the renumbering.
3  Rule 0400-12-01.05(14)(b)4(i) was noted in the 2022 Final Authorization to have an incorrect cross-reference to Rule 0400-12-01-.02(3)(d). It has now been corrected to properly refer to Rule 0400-12-01-.02(3)(e).
4  In the 2022 Final Authorization, these two provisions were authorized, but it was noted that the parenthetical notes about legitimate recycling that accompanied each provision at that time were unclear and would be removed or clarified by Tennessee in a subsequent rulemaking. Both parenthetical notes have now been removed, and the EPA is re-authorizing both provisions without them.
5  Several subsections throughout Paragraph 13 of Rule 0400-12-01-.02 that were noted in the 2022 Final Authorization have been clarified with respect to the management of hazardous secondary materials.
6  Tennessee Rule 0400-12-01-.02(27)(d)14(i)(II) was noted in the 2022 Final Authorization to have incorrect cross-references to Paragraphs (30) and (32) of Rule 0400-12-01-.06. They have now been corrected to properly refer to Rules 0400-12-01-.02(27) and (29).
7  Tennessee Rule 0400-12-01-.03(12)(j)4 was noted in the 2022 Final Authorization as containing an incorrect waiver that would need to be excluded in a subsequent rulemaking. Tennessee has now properly removed it from its regulations.