HSM Recycling Legitimacy

Documentation of Legitimate Recycling

Under the Revised Definition of Solid Waste, facilities that recycle or reclaim hazardous secondary materials must document the legitimacy of these activities under the Generator-Controlled Exclusion in part (1)(d)(xxiii) of Tennessee Rule 0400-12-01-.02 or the Transfer-Based Exclusion in part (1)(d)(xxiv) of 0400-12-01-.02. The documentation must show how the recycling meets all three of the legitimacy factors listed in part (5)(d)1 of Tennessee Rule 0400-12-01-.01 and how the legitimacy factor in part (5)(d)2 of Rule 0400-12-01-.01 was considered (revision effective June 19, 2018).

Three legitimacy factors to be met in TN Rule 0400-12-01-.01(5)(d)1:

1. The recycling process must involve a hazardous secondary material that provides a useful contribution to the recycling process or to a product or intermediate of the recycling process.

2. The recycling must produce a valuable product or intermediate.

3. The generator and the recycler must manage the hazardous secondary material as a valuable commodity when it is under their control.

One legitimacy factor that must be considered in TN Rule 0400-12-01-.01(5)(d)2:

1. The product of the recycling process does not:

a. Contain significant concentrations of any hazardous constituent found in appendix VIII of paragraph (30) of TN Rule 0400-12-01-.02 that are not found in analogous products: or

b. Contain concentrations of hazardous constituents found in appendix VII of paragraph (30) of TN Rule 0400-12-01-.02 at levels that are significantly elevated from those found in analogous products: or

c.  Exhibit a hazardous characteristic (as defined in paragraph (3) of TN Rule 0400-12-01-.02) that analogous products do not exhibit.

Documentation of legitimacy must be maintained on site and for a period of three years after recycling and reclamation operations have concluded. TDEC has developed a template for this legitimacy documentation, adapted from the U.S. EPA format for documenting legitimacy.


Joe Putnam


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This Page Last Updated: February 24, 2023 at 12:10 PM