Tennessee RCRA Hazardous Waste Reporting

Hazardous waste in the state of Tennessee is regulated by the Division of Sold Waste Management (DSWM) under the Department of Environment and Conservation. Compliance with state and federal RCRA regulations is required for any facility that generates hazardous wastes that meets or exceeds certain thresholds. Federally, RCRA requires a biennial report to be submitted by facilities who generate and dispose of hazardous wastes. At the state level, Tennessee requires annual reporting to gather information about hazardous waste generation and disposal. The goal of Tennessee’s Hazardous Waste Management Program is to regulate hazardous waste generation, transportation, storage, treatment and disposal to protect the environment and the community. Facilities that generate hazardous waste at certain thresholds, as well as treatment, storage, and disposal facilities (TSDFs) are required to submit annual hazardous waste reports with the Division of Solid Waste Management (DSWM) by mail or e-mail with acceptable electronic signatures each year by March 1st. 

Understanding Tennessee Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

All facilities that generate hazardous wastes at or above established thresholds must complete an annual report with DSWM. These thresholds are the same as federal thresholds. A facility must report if:

• A facility is considered a RCRA Large Quantity Generator (LQG), meaning the site generated or accumulated: 
  • 1,000 kg (2,200 lbs) or more of non-acute RCRA hazardous waste in a single month or 
  • 1 kg(2.2 lbs) or more of RCRA acute/extremely hazardous waste in a single month or
  • More than 100 kg (220 lbs)  of any contaminated soil, waste, or other debris resulting from the cleanup of a spill of RCRA acute hazardous wastes onto any land or water
• A facility is considered a RCRA Small Quantity Generator (SQG), meaning your site generated or accumulated: 
  • More than 100 kg (220 lbs)  by less than 1,000 kg (2,200 lbs) of non-acute RCRA hazardous waste in a single month or 
  • Less than 1 kg (2.2 lbs) of RCRA acute/extremely hazardous waste in a single month or
  • Less than or equal to 100 kg (220 lbs) of any contaminated soil, waste, or other debris resulting from the cleanup of a spill of RCRA acute hazardous wastes onto any land or water
• A facility is a Very Small Quantity Generators (VSQGs) who:
  • Experienced an episodic event that caused it to temporarily exceed generation limits (generated more than 100kg (220 lbs) of hazardous waste or more than 1kg (2.2 lbs)of acutely hazardous waste in a single month)
  • Generates and treats hazardous wastewater in any quantity 
• A facility is a TSDF

State Listed Hazardous Waste in Tennessee

Tennessee does not have state-only wastes subject to RCRA reporting. Tennessee has adopted all federal waste categories and codes defined by the EPA.

A full list of EPA Federal waste codes is available here

Tennessee has state-specific codes for waste handling that should mirror the final Federal Management Method Code when used in annual reporting.

Tennessee Generator Statuses and Requirements

Tennessee requires generators to submit annual waste reports each year. Each year, a facility  will receive an Annual Report Packet by email or mail that will need to be completed and returned to the DSWM by March 1st to fulfill the annual reporting requirements. DSWM will use the report packet to complete federal biennial reports on behalf of TN LQG generators. Annual reports include several forms and generators are required to complete and return certain forms based on their activities and generator status. Here is an outline of the forms the facility will receive and what will need to be completed for annual reporting based on generator status:

• Unified Certification and Cover Sheet (Form HN-CS)
• Hazardous Waste Environmental Activity Notification (Form HN-EA)
• Site Notification Form (Form HN-H)
• Hazardous Waste Contact Notification ( Form HN-H)
• Pre-Printed Waste Stream(s) (Form WSR)
• Offsite Shipping Report (Form OSR)
• Waste Stream Instructions & Code List 
• Hazardous Waste Notification Fees (Form NF)
• Generator Fee Form (Form G-FDS)
• Remediation Fee Form (Form RF-FDS) from the TN Division of Remediation

Very Small Quantity Generators (VSQG) Requirements

Federally, facilities that generate 100kg (220 lbs) or less of hazardous waste are considered very small quantity generators and are exempt from federal biennial reporting. Tennessee follows this designation. VSQs in Tennessee are generally exempt from annual waste reporting requirements, except when:

• a VSQG experiences an episodic event that causes them to temporarily increase their waste generation beyond the VSQ threshold. When this happens, the facility is considered an episodic generator and is required to report.
• a VSQG who generates hazardous wastewater is required to report annually.  They must  complete forms HN-EA, HN, WSR, and NFand will not need an EPA ID.

Small Quantity Generator (SQG) Requirements

• Notify the state of your hazardous waste activities to obtain an EPA ID number
  • A state notification form is required and can be found on this site. https://www.tn.gov/environment/program-areas/solid-waste/hazardous-waste-management/hazardous-waste-and-used-oil-forms.html. Do not use the EPA Notification form.
• Complete the necessary forms and submit the annual report packet to the state by March 1st each year.
• Use the federal Uniform Hazardous Waste Manifest system for waste shipments 
  • These are not required to be submitted as part of the reporting requirements
• Must use a permitted transporter
• Conduct basic employee training for employees handling hazardous waste
• Must develop a basic emergency plan with procedures to follow in the event of an emergency
• Must employ a good faith effort to reduce hazardous waste generation

Large Quantity Generator (LQG) Requirements 

• Notify the state of your hazardous waste activities to obtain your EPA ID number
• Complete the necessary forms and mail the annual report packet to the state by March 1st each year
• Use the federal Uniform Hazardous Waste Manifest system for waste shipments 
  • These are not required to be submitted as part of your reporting requirements
• Must use a permitted transporter
• Must provide formal training to all employees within 6 months of hire on waste management procedures, waste handling, and emergency responses
• Must have a detailed contingency plan with a designated emergency coordinator. The contingency plan must include contact information, procedures for spills or other emergencies, a list of emergency equipment with locations, and evacuation routes for your facility
• Must have a formal waste reduction plan

Treatment, Storage, and Disposal Facilities: 

In addition to the forms in the annual report packet, TSDFs also receive and must complete:

• Summary report (form TPA)
• Receiving Report (Form TWR)
• TSD Fee Form (Form TSD-FDS)

Federally, TSDFs must submit waste manifests to the U.S. EPA through RCRAInfo.

Examples of Facilities Subject to Waste Reporting

Below are some examples of facilities in Tennessee and the industrial hazardous wastes that would most likely trigger the need to submit an annual report:

• Manufacturing Facilities: wastes such as solvents and degreasers, paint wastes, and metal containing wastes
• Automotive and Aerospace Industries: Facilities such as vehicle repair shops and aerospace parts manufacturers who generate wastes such as used oil (if mixed with hazardous waste), spent cleaning solutions, and aviation fuel waste
• Chemical Manufacturing Plants: Facilities such as fertilizer manufacturer, pharmaceutical production plants and pesticide manufacturers who generate wastes such as discards chemicals, spent acids, sodium hydroxide solutions, and pharmaceutical compounds (ex: U-listed wastes)
• Universities and Research Institutions: Wastes such as expired or unused laboratory chemicals, solvent mixtures, or reactive wastes from chemical reactions.
• Food Processing Plants: generate wastes such as refrigerates, ammonia, and caustic cleaning agents

Warehouses and Logistics companies: generate wastes from expired or unused products, damaged goods, and spilled or leaking hazardous materials

Hazardous Waste Manifest Requirements for Tennessee Facilities

A Hazardous Waste Manifest is a document that travels with hazardous waste throughout the shipping and treatment process. This document allows regulatory agencies to track waste from its origin to disposal, ensuring correct handling of waste from “cradle” to “grave”. Federally, all hazardous waste shipments must be accompanied by a Uniform Hazardous Waste Manifest (EPA Form 8700-22) from generation through disposal, unless the waste meets certain exceptions. Both federally and at the state level in TN,  SQGs and LQGs are required to follow federal regulations and use the Uniform Hazardous Waste Manifest throughout the generation and shipments of their waste. These manifests do not need to be submitted as part of annual reporting in Tennessee.

Waste manifests must include:

• State or EPA ID numbers of facilities
• Generator address 
• Transporter companies with U.S. DOT descriptions
• State specific hazardous waste codes
• Waste descriptions and quantities including container information
• Signatures from generators, transporters, and receiving facilities
• Emergency response numbers and emergency spill cleanup procedures

For Generators:

• Manifest submissions: Tennessee does NOT require generators to submit copies of Uniform Hazardous Waste Manifests during reporting.
• Starting January 22, 2025, all SGQs and LGQs will be required to register for the e-Manifest system through RCRAInfo
• All generators must retain copies of all hazardous waste manifests for a minimum of 3 years.
• After January 22, 2025, TSDFs will no longer be required to submit final manifests to generators.

Common Manifest Errors

• Missing information: including EPA ID numbers, container counts, and waste codes
• Inaccurate information: Transposed numbers, incorrect dates, incorrect units of measure for waste quantities.
• Mismatched or invalid Manifest Tracking Numbers (MTN)

Tennessee Waste Reporting System 

Overview of Report Submissions

Tennessee does not utilize an electronic system for annual reporting. All annual report forms must be mailed to:

State of Tennessee
Department of Environment and Conservation
Division of Solid Waste Management
ATTN: Waste Activity Audit
Davvy Crockett Tower, 7th Floor
500 James Robertson Parkway
Nashville, TN 37243

Tennessee will submit federal biennial reports for LQGs to RCRAInfo on generators’ behalf to comply with federal reporting requirements.

How to Submit a Hazardous Waste Report in Tennessee

Complete the following forms from your annual report packet and submit them as part of the annual report by March 1:

• Unified Certification and Cover Sheet (Form HN-CS)
  • • Ensure the pre-printed EPA ID is correct
    • Review the information about the facility location, contact information, the attached reports, and operations and designate if updates are required.
    • Once the information is up to date, certify the form using a signature of an authorized representative
    • Electronic signatures submitted via email are accepted through a secure signature method such as Adobe, DocuSign or other available application
• Hazardous Waste Environmental Activity Notification (Form HN-EA)
  • • Ensure this form has your most updated generator status and identifies any other activities on site such as universal waste handler.
• Site Notification Form (Form HN-H)
• Hazardous Waste Contact Notification (Form HN-H)
  • • Ensure the contact information is up to date
• Waste Stream(s) (Form WSR)
  • • TN requires form WSR for each waste stream. This form must be completed within 90 days of the start of generation of a new waste stream and resubmitted within 30 days of a significant change.
    • It includes information on waste types, quantities, frequency, waste codes, storage and shipment location, and details on  hazardous waste reduction.
    • The facility may have several form WSRs to submit in the annual report. Waste streams are numbered consecutively, starting with 1, and those waste stream numbers follow that specific waste stream on all reports and notifications.  Ensure that you have the numbering from the state and if not obtain it from them.
    • TN requires a Federal management code that details the FINAL management method (i.e. if H141 is what was on the manifest or waste data, then the generator must find out what the ultimate disposal of the waste was and report that).
    • They also require you to select a TN code that aligns with the final disposal method. 
• Hazardous Waste Notification Fees (Form NF)
• Pay required annual fees:
  • • Form G-FDS in the annual report packet, or payments by check sent to:

State of Tennessee 
Department of Environment and Conservation 
Division of Fiscal Services – Consolidated Fee Section William R. Snodgrass Tennessee Tower 
312 Rosa L. Parks Avenue, 10th Floor 
Nashville, TN 37243 

•  A remediation fee form (Form RF-FDS) from the TN Division of Remediation is to be submitted with the annual report packet.

Key Points:

• TN does not use an electronic system for submitting annual reports.
• Ensure all necessary forms from the facility’s packet are submitted.

Completed report packets may be emailed, ONLY if signatures are securely obtained electronically, to waste.activity@tn.gov If electronic signatures are not secure, forms may be submitted by email and physical signature pages must be mailed to the address above.

Deadlines,Timelines RCRA Reporting Frequency

Annual Reporting Deadline

In Tennessee, hazardous waste reports are due by March 1 each year regarding information on hazardous wastes generated by the facility in the previous calendar year.

Additional Reporting Requirements (additional waste reports)

SQGs and LQGs are required to have a hazardous waste reduction plan. The specific details of these plans are considered confidential business information (CIB) and should NOT be submitted as part of the annual report submission. TN does require reduction goals (in percentages) to be included in annual reports, along with brief methods used and factors that may impede the facility from reducing waste.

• Generators have 3 years from the start of hazardous waste generation to develop this plan.

Episodic Generation exemptions: As of 2024, TN has NOT adopted the federal Hazardous Waste Generator Improvements Rule which allows for temporary increases in waste generation without losing generator status. Therefore, any increases in waste that cause the facility to exceed the threshold for the current generator category will require a notification to DSWM and may trigger the  annual reporting requirement..

Tips for Effective RCRA Reporting

Maintain Continuous Records

• Continuously tracking waste generation data will help with making sure a facility is maintaining its generator status all year and assist in promptly identifying any changes. This is especially important because TN does not allow for episodic generation exemptions. 
• Continuously and thoroughly recording waste can help ensure waste data is accurate and ready to go when the March 1st deadline comes around each year. A good rule of thumb is to have data ready to review the first week of January.
• Employee training: Federal regulations require facilities that generate hazardous waste maintain records of their employee training. These records may need to be reported during inspections or upon request. Ensure the facility maintains up to date records of all training sessions including dates, topics covered, attendees, etc. and stores these records for 3 years to ensure compliance. 

Understand State-Specific Reporting Requirements

• Tennessee generally follows all federal guidelines and requirements for RCRA reporting. 
• VSQs must report if they temporarily increase their generation to that of an SQG or LQG

Keep Copies of All Submitted Reports

Before mailing completed annual report packets, make copies of all forms and securely store them for a minimum of 3 years

Common Mistakes in RCRA Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Wastes

Reporting incorrect waste quantities or generator status can be due to events of underreporting to avoid reaching large quantity generator status and over-reporting due to data management errors

Tips:

• Use standardized tracking systems 
  • Consider electronic tracking or digital software to automatically calculate quantities based on generation and shipments 
• conduct regular audits of waste totals
• Use accurate container labels

Failing to Keep Up-To-Date with Changes in Regulations

Errors in reporting can occur when regulations change and you are not aware. Using technology can be a powerful tool to stay informed of ever evolving regulations. 

Tips: 

• Stay informed: subscribe to updates from TN DSWM to keep up to date of any deadlines 
• Join county and state EHS associations to stay up to date about regulatory changes
• Conduct regular waste stream inventories 
• Regularly update waste determinations
• Use a digital waste management tracking system to reduce errors and improve record-keeping
• Consult with environmental experts 

Late and Missed Submissions

All reports must be postmarked by March 1. Tennessee allows for incomplete reports and payments submitted by March 1 to be completed later

Tips:

• Establish a centralized compliance calendar with reporting deadlines
• Use software to track and notify of reporting due dates
• Provide training to ensure employees understand when reports are due and the consequences of missing these deadlines
• Start compiling waste data early (mid January is a good rule of thumb)

 

Penalties for Non-Compliance with RCRA Reporting in Tennessee

Potential Fines and Legal Consequences

Non-compliance in Tennessee can lead to significant penalties and enforcement actions. These penalties help ensure that hazardous waste is managed in a manner that protects human health and the environment. Penalties are enforced at the state level by the Tennessee Department of Environment and Conservation. 

Civil Penalties:

• Up to $50,000 per violation per day for non-compliance 
  • Violations include: missed annual reports, missed manifest submissions by TSDFs, or missed notifications of hazardous waste activity 
  • Failing to notify TDEC of changes in a generator‘s status can lead to fines up $10,000 per day
• Civil fines for improper waste classification 
• Facilities failing to comply with annual reporting requirements can have their hazardous waste permits revoked

Criminal Penalties:

• Knowingly violating RCRA or unintentionally underreporting wastes can lead to serious fines and criminal penalties including jail time and fines up to $1 million  

Examples:

• A generator failed to include accurate waste codes, leading to improper disposal and costing the generator $15,000 in fines.
• An industrial facility was fined $200,000 after employees underreported waste quantities.