Revised Definition of Solid Waste

Revised Definition of Solid Waste (DSW) - 2015

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

The DSWM proposed changes to Tennessee's Hazardous Waste Management rules, 0400-12-01, to incorporate (among other things) the federal changes to the definition of solid waste. A marked-up (multi-color) version of the rules showing the proposed changes was made available for review. 

Revised Definition of Solid Waste - Rule Packages 2015b and 2015c Adopted —  Effective January 4, 2018
These rule packages​ have been adopted by the State.  A 75-Day Stay of Effective Date of Rules was filed on July 20, 2017, and the Board subsequently stayed the effective date until January 4, 2018.  Generators are responsible for being in compliance with the rules on the effective date. Copies of these rules, and regulatory status, can also be obtained from the Secretary of State's webpage. The 2015c rule package contains the new Definitions of Solid Waste and Hazardous Secondary Materials.  Please contact the Division of Solid Waste Management for discussion and guidance.

• Note: the table of contents for Rule chapter 0400-12-01 has been revised - see the redlined version for details
  

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

• A redlined version shows where the changes occurred. The currently effective version of the regulations can be found on the Secretary of State's website.
• Frequently Asked Questions on the 2018 Definition of Solid Waste, courtesy of U.S. EPA